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TERMS AND CONDITIONS FOR UZURV Holdings, INC.

TERMS AND CONDITIONS FOR UZURV Holdings, INC.

 

UZURV provides an online platform and related technology allowing Requesters and Service Providers, including Transportation Providers, to connect online and to schedule reservations for Services directly with each other.  The UZURV Site and Mobile App can also be used to facilitate the listing of information regarding Requesters and Service Providers, including Transportation Providers, and the scheduling of Reservations for Services, including Transportation Services.  By using the Site or Mobile App, you agree to comply with and be legally bound by the terms and conditions stated herein (the “Terms”), whether or not you become a registered User (as defined below).

 

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.  THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND TERMS THAT GOVERN THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

 

UZURV is solely a reservation scheduling service.  The UZURV Site and Mobile App are provided solely to facilitate the availability of Service Providers for Requesters, and to connect Requesters with Service Providers so that Requesters can schedule Reservations.  UZURV does not provide Transportation Services or any other Services offered by Service Providers using the UZURV system.  Specifically with regard to Transportation Services, Transportation Providers must be actively affiliated or partnered with a Transportation Network Company (“TNC”) such as Uber or Lyft,* and Requesters must have an active TNC account.  Once a Reservation for Transportation Services is scheduled using the UZURV Site or Mobile App, the Transportation Provider and the Requester must use the TNC platform for the ride itself, including route planning, fare calculation and fare payment.  Failure to use the TNC platform for the ride is a violation of these Terms, may be a violation of law in your jurisdiction, and will result in immediate termination of your use of and access to the UZURV Site and Mobile App.  (*Note:  Uber and Lyft are trademarks owned by their respective owners, and UZURV claims no ownership of any trademark or copyrighted material of those companies.)

 

SERVICE PROVIDERS, INCLUDING TRANSPORTATION PROVIDERS, SHOULD READ AND UNDERSTAND THE LAWS IN THEIR RESPECTIVE STATES AND LOCALITIES REGARDING THE SERVICES THEY WISH TO PROVIDE.  FOR EXAMPLE, FOR TRANSPORTATION PROVIDERS, MANY STATES AND LOCALITIES HAVE LAWS THAT RESTRICT THE ABILITY OF AN INDIVIDUAL TO PROVIDE TRANSPORTATION SERVICES TO RIDERS OR PASSENGERS FOR A FEE, OR RESTRICT THE MANNER IN WHICH SERVICES CAN BE PROVIDED. THESE LAWS ARE OFTEN PART OF STATE OR LOCAL STATUTES OR ADMINISTRATIVE CODES.  IN MANY STATES AND LOCALITIES, TRANSPORTATION PROVIDERS MUST AFFIRMATIVELY TAKE STEPS TO REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE TRANSPORTING RIDERS OR PASSENGERS FOR A FEE.  CERTAIN TYPES OF TRANSPORTATION SERVICES MAY BE PROHIBITED COMPLETELY.  STATE AND LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS.  PENALTIES MAY INCLUDE FINES, CRIMINAL CITATIONS, OR OTHER PENALTIES.  TRANSPORTATION PROVIDERS SHOULD REVIEW STATE AND LOCAL LAWS BEFORE ACCEPTING A RESERVATION OR PROVIDING TRANSPORTATION SERVICES.

 

A SERVICE PROVIDER OR TRANSPORTATION PROVIDER USING THE UZURV SITE, MOBILE APP, OR OTHER UZURV PROGRAMS MUST UNDERTAKE HIS OR HER OWN REVIEW OF STATE AND LOCAL LAWS TO CONFIRM THAT THE SERVICE PROVIDER OR TRANSPORTATION PROVIDER IS PROPERLY LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE THE SERVICE OFFERED IN THE MANNER PROVIDED.  SERVICE PROVIDERS MUST ALSO UNDERTAKE THEIR OWN REVIEW OF AGREEMENTS OR TERMS RELATED TO TRANSPORTATION NETWORK COMPANIES OR OTHER ORGANIZATIONS WITH WHICH THE SERVICE PROVIDER IS AFFILIATED OR PARTNERED.  UZURV ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR A SERVICE PROVIDER OR TRANSPORTATION PROVIDER PROVIDING SERVICES IN A MANNER NOT LAWFULLY PERMITTED OR WHICH VIOLATES OTHER OBLIGATIONS OF THE SERVICE PROVIDER, OR FOR THE FAILURE OF A SERVICE PROVIDER OR TRANSPORTATION PROVIDER TO SECURE PROPER LICENSURE AND AUTHORIZATION. 

 

Terms of Use

 

If you are using the UZURV Site or Mobile App, you are contracting with UZURV Holdings, INC. (“UZURV”) with respect to the use of the UZURV Site or Mobile App.  The terms of this contract are set forth in these Terms and related materials.

 

UZURV licenses (but does not sell) an online platform and related programs to allow individuals or entities to schedule Reservations for Services, including Reservations for Transportation Services, as well as providing an opportunity for Incentive Fees, Referral Rewards and other programs (collectively, the “Programs”).  The UZURV platform is accessible at www.uzurv.com (the “Site”) and also as an application for mobile devices (the “Mobile App”).  These Terms govern your access to and use of this Site, the Mobile App, and all content therein, as well as your participation in the Programs and constitute a binding legal agreement between you and UZURV.  Please also read carefully our privacy policy at www.uzurv.com, which is incorporated into these Terms of Service by reference. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using the Site or the Mobile App, or the Programs.  Failure to use the Site and Mobile App in accordance with these Terms of Service may result in the immediate termination of your use of or access to the Site and Mobile App, and may subject you to civil and criminal penalties.

 

YOU UNDERSTAND AND AGREE THAT UZURV IS NOT A PROVIDER OF TRANSPORTATION SERVICES, IS NOT A “TRANSPORTATION NETWORK COMPANY” (TNC) SUCH AS UBER OR LYFT, IS NOT AFFILIATED WITH A TNC, AND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TRANSPORTATION PROVIDERS, TNC’S AND/OR REQUESTERS REGARDING THE PERFORMANCE OF TRANSPORTATION SERVICES.  UZURV HAS NO CONTROL OVER THE CONDUCT OF TRANSPORTATION PROVIDERS, REQUESTERS, TNC’S AND OTHER USERS OF THE SITE, MOBILE APP, OR SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

 

Key Terms

 

“Content” includes text, graphics, images, music, software, audio, video information or other materials that UZURV makes available through the Site, Mobile App, and the Programs including Content supplied by you or third parties. 

 

“Listing” means information provided by a Service Provider or Requester when registering for the Services.

 

“Preferred Service Provider” means a Service Provider designated by a Requester as one of the Requester’s preferred Service Providers when requesting a Reservation. 

 

“Programs” means programs developed by UZURV to enhance the experience of Users of the UZURV platform, including the Referral Rewards Program, Incentive Fee Program, or such other programs as the company may develop or offer from time to time.

 

“Requester” means a User who requests a Reservation from a Service Provider for designated services scheduled via the Site or Mobile App. 

 

“Reservation” means a time, date and place for services scheduled by a Requester and the Service Provider through the Site or Mobile App.  At the time scheduled for the Reservation, the Requester and Transportation Provider must arrange the Transportation Services using the TNC digital platform, including route mapping, fare calculation, etc.

 

“Service” or “Services” means services provided by a Service Provider, which may include Transportation Services.  UZURV does not provide the Service itself; UZURV facilitates the scheduling of a Reservation for a Service provided by a Service Provider.

 

“Service Provider” means a person or entity which provides Services, including Transportation Services, requested by a Requester via the Site or Mobile App.

 

“Transportation Network Company” (“TNC”) means a person or entity that provides Transportation Services by means of an online-enabled platform to connect riders or passengers with drivers who use personal, non-commercial, vehicles to provide Transportation Services. Examples include Lyft, Uber, Sidecar, Wingz, and Haxi.* (*Note:  Uber, Lyft, Sidecar, Wingz and Haxi are trademarks owned by their respective owners, and UZURV claims no ownership of any trademark or copyrighted material of those companies.)

 

“Transportation Provider” means a Service Provider who provides Transportation Services via a Transportation Network Company (TNC).

 

“Transportation Services” means a ride for compensation in a vehicle provided by a Transportation Provider to a Requester via a TNC or similar transport service.  UZURV does not provide Transportation Services; UZURV facilitates reservation scheduling for Transportation Services provided by a TNC or TNC driver.  At the time scheduled for the Reservation, the Requester and Transportation Provider must arrange the Transportation Services using the TNC digital platform, including route mapping, fare calculation, etc.

 

“User” is a person who completes UZURV’s registration process and is provided access by UZURV to the Sites or Mobile App, including but not limited to Requesters and Service Providers, as described under “Account Registration” below. 

 

“User Content” means all Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Site, the Mobile App or Programs. 

 

Certain areas of the Site and Mobile App may have different terms and conditions posted or may require you to agree with and accept additional Terms and Conditions.  If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or Mobile App, or otherwise, the latter terms and conditions will take precedence with respect to your use or access of the Site, Mobile App, or Programs.

 

YOU ACKNOWLEDGE AND AGREE, BY ACCESSING OR USING THE SITE OR MOBILE APP, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR VIA THE MOBILE APP, OR BY PARTICIPATING IN THE PROGRAMS, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE OR MOBILE APP.  IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, MOBILE APP, OR CONTENT OR TO PARTICIPATE IN THE PROGRAMS. 

 

IF YOU ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU,” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY. 

 

Modification

 

UZURV reserves the right at its sole discretion, to modify the Site, Mobile App or Programs or to modify these Terms, including referral rewards, reservation fees or incentive fees, at any time and without prior notice.  If we modify these Terms, we will post the modification on the Site or Mobile App, or provide you with notice of the modification.  By continuing to access or use the Site, Mobile App or Programs after we have posted a modification or update—regardless of whether we have provided you with notice of the changes—you are agreeing to be bound by the modified Terms.  If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, the Mobile App and Programs. 

 

Eligibility

 

The Site, Mobile App, and all Programs are intended solely for persons who are 18 years of age or older.  Any access to or use of the Site, Mobile App, or Programs by anyone under 18 years of age is expressly prohibited.  By accessing or using the Site, Mobile App or Programs, you represent that you are 18 years of age or older. 

 

To use the Site, Mobile App or the Programs, Service Providers (including Transportation Providers) must be legally authorized to provide the Services in the manner undertaken by the Service Provider.  Transportation Providers must (1) be legally authorized to provide Transportation Services (2) be a registered driver in good standing with a TNC such as Uber or Lyft, (3) maintain insurance for Transportation Services either directly or through a TNC that complies with legal limits imposed in your jurisdiction, (4) use the UZURV system solely to schedule a Reservation and not for purposes of providing transportation, and (5) use a TNC platform to provide Transportation Services scheduled through the UZURV reservation scheduling system.

 

Requesters must be legally authorized to request the Services in the manner undertaken by the Service Provider.  If you are a Requester for Transportation Services, you must (1) be registered and in good standing with a TNC authorized to provide services in your location, (2) use the UZURV system solely to schedule a Reservation and not for purposes of receiving transportation outside of a TNC platform, and (3) use a TNC platform to receive transportation scheduled through the UZURV reservation scheduling system.

 

If you do not comply with these eligibility requirements, you are not authorized to use the Site, Mobile App or Programs.  UZURV reserves sole authority to deny access or to withdraw access to the Site, the Mobile App or the Programs at any time to any User in UZURV’s sole discretion.

 

How the Site, Mobile App, and Programs Work

 

  UZURV provides an online platform and related technology allowing Requesters and Service Providers to schedule reservations for Services directly with each other.  The UZURV Site or Mobile App can be used to facilitate the listing of information regarding Requesters and Service Providers, including Transportation Providers, and the scheduling of Reservations for Services, including Transportation Services.  You may view Listings as an unregistered visitor to the Site, Mobile App and Programs.  However, if you wish to schedule a Reservation or create a Listing, you must first register to create a UZURV Account (defined below). 

 

Once registered with a UZURV account, Requesters can request a Reservation with a Service Provider and the Service Provider can accept the request through the Site or Mobile App.  UZURV charges a fee to the Requester for a Reservation request, and charges a fee to a Service Provider once a Reservation is accepted and scheduled.  After a Reservation is scheduled, providing the Service (including Transportation Services) is solely the responsibility of the Service Provider (and for Transportation Services, the Transportation Provider must arrange and provide the Transportation Services through a TNC).  Payment for the Service provided by the Service Provider is solely the responsibility of the Requester.  Requesters may also pay an Incentive Fee (described herein) to Service Providers to accept the Reservation request, paid to UZURV as payment agent for the Requester and disbursed to the Transportation Provider as set forth in these Terms. Please note, if you have multiple credit cards on file and the first card declines, the next card on file will be charged. 

 

  With regard to Transportation Services, UZURV is not a provider of Transportation Services, is not a TNC, and does not provide rides.  At the designated date, time and location of the Reservation scheduled via the UZURV Site or Mobile App, Requesters and Transportation Providers must access and use the TNC platform to arrange the ride. UZURV’s responsibilities are limited to (1) facilitating the scheduling of Reservations; (2) administering the Site, Mobile App, and Programs, and (3) serving as a limited payment agent for Requesters for Incentive Fees from Requesters, and distributing those payments to the Service Provider as described in these Terms of Service. 

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, MOBILE APP, AND PROGRAMS ARE TO BE USED TO FACILITATE SCHEDULING RESERVATIONS FOR SERVICES.  UZURV CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SERVICE PROVIDER, TNC, TRANSPORTATION VEHICLE OR SERVICE OFFERED BY A SERVICE PROVIDER OR TRANSPORTATION PROVIDER OR TNC.  UZURV DOES NOT OFFER OR PROVIDE INSURANCE OF ANY KIND TO USERS, AND USERS ARE ENCOURAGED TO REVIEW INSURANCE TERMS OF THEIR OWN INSURANCE COVERAGE OR COVERAGE OFFERED BY THE SERVICE PROVIDER, TRANSPORTATION PROVIDER OR TNC WITH WHICH THE TRANSPORTATION PROVIDER IS AFFILIATED OR PARTNERED.  UZURV IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS, REQUESTERS, SERVICE PROVIDERS, TRANSPORTATION PROVIDERS, TNC’S, TOOLS, VEHICLES, OR OTHER INSTRUMENTALITIES USED BY SERVICE PROVIDERS IN PROVIDING THE REQUESTED SERVICES, INCLUDING  TRANSPORTATION SERVICES.  ALL RESERVATIONS ARE MADE AT THE SOLE AND EXCLUSIVE RISK OF THE REQUESTER, SERVICE PROVIDER, TNC OR THE TRANSPORTATION PROVIDER.  SERVICE PROVIDERS, INCLUDING TRANSPORTATION PROVIDERS AND TNC’S WITH WHICH THEY ARE AFFILIATED OR PARTNERED, MAY HAVE THEIR OWN TERMS AND CONDITIONS OR TERMS OF SERVICE THAT IMPOSE REQUIREMENTS OF USE OR LIMITATIONS OF LIABILITY.  REQUESTERS ARE ENCOURAGED TO ACCESS OR REQUEST SUCH INFORMATION FROM THE SERVICE PROVIDER, TRANSPORTATION PROVIDER OR TNC. 

 

Account Registration

 

In order to access certain features of the Site and Mobile App, and to schedule a Reservation or create a Listing, you must register to create an account ("UZURV Account") and become a User. You may register to join the Programs directly via the Site or Mobile App or as described in this section. UZURV reserves the right to reject registration of a User in its sole discretion.

 

Your UZURV Account and your UZURV Account profile page will be created for your use of the Site and Mobile App based upon the personal information you provide to us. You may not have more than one (1) active UZURV Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. UZURV reserves the right to suspend or terminate your UZURV Account and your access to the Site, Mobile App and Programs if you create more than one (1) UZURV Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your UZURV Account, whether or not you have authorized such activities or actions. You will immediately notify UZURV of any unauthorized use of your UZURV Account.

 

Listings

 

As a User, you will create a Listing. To create a Listing as a Transportation Provider, you will be asked a variety of questions about the vehicle to be listed, including, but not limited to, size, features, and availability.  Listings will be made publicly available via the Site or Mobile App. Other Users will be able to schedule reservations via the Site or Mobile App based upon the information provided in your Listing. 

 

You acknowledge and agree that you alone are responsible for any and all Listings and Content you post. Accordingly, you represent and warrant that any Listing you post will (a) be in compliance with contracts with TNCs or other third parties and with all applicable laws, tax requirements, and rules and regulations that may apply to any Services including Transportation Services you will provide or that are referenced or described in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights or contractual requirements of third parties such as TNCs. Please note that UZURV assumes no responsibility for, and makes no representation regarding, a Service Provider’s or Transportation Provider’s compliance with any agreements with or duties to third parties, or applicable laws, rules and regulations. UZURV reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that UZURV, in its sole discretion, considers to be objectionable, in violation of these Terms or UZURV's then-current policies, or otherwise harmful to the Site, Mobile App or Programs.

 

If you are a Service Provider or Transportation Provider, you understand and agree that UZURV does not act as an insurer or as your contracting agent. If a Requester requests a reservation of your Services, any agreement you enter into with such Requester is between you and the Requester.  UZURV is not a party to it. Notwithstanding the foregoing, UZURV serves as the limited authorized payment agent of the Requester for the purpose of accepting and transmitting Incentive Fees from Requesters to Services Providers, including Transportation Providers.

 

If you are a Service Provider or Transportation Provider, you acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are with you while you provide the Services or are otherwise present during such time at your request or invitation, excluding the Requester (and the individuals the Requester invites, if applicable.)

 

All Users of the UZURV Site or Mobile App, including Service Providers and Transportation Providers, must obtain appropriate insurance for their Services. Please review any insurance policy that you may have, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including any insurance provided by your TNC if you are a Transportation Provider.

 

You agree that you alone are responsible for ensuring that your Listing and any posted images and information are accurate.  You agree that you will cease to use the posted images or any other images if such images cease to accurately represent your Listing. All images, materials and content created by you, including posted images, constitute UZURV Content, regardless of whether you include them in your Listing.

 

No Endorsement

 

UZURV does not endorse any User, including but not limited to any Requester, any Service Provider, any Transportation Provider, any TNC, or any vehicle, service or instrumentality employed in the provision of a Service. Posted images are not an endorsement or warranty by UZURV of any Requester, Transportation Provider, Service Provider or any vehicle. Users are required by these Terms of Service to provide accurate information, and UZURV does not make any representations about, confirm, or endorse any User or the User's purported identity or background, including whether the User is trustworthy, safe or suitable. Instead, you must evaluate and make your own decisions about the identity and suitability of Users or others whom you contact or interact with via the Site, Mobile App and Programs. We recommend that you always exercise due diligence and care when deciding whether to use the services of a Service Provider or Transportation Provider or to accept a reservation request from a Requester, or to have any other interaction with any other User.  We are not responsible for any damage or harm resulting from your interactions with other Users.

 

By using the Site, Mobile App or Programs, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from UZURV with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Site, Mobile App or Programs regarding any Reservations made by you or Services or Transportation Services provided. This limitation shall not apply to any claim by a Transportation Provider against UZURV regarding the remittance of Incentive Fees received from a Requester by UZURV, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".

 

Reservations and Financial Terms

 

Requesting and Accepting Reservations

 

Requesters can access the Site or Mobile App for purposes of scheduling a Reservation from a Service Provider or Transportation Provider.  You will be charged a Reservation Fee as set forth in the Requester’s Fee Schedule, which will be charged to the Requester’s credit card. 

 

When a Reservation is requested by a Requester via the Site or Mobile App, we will share with Service Providers or Transportation Providers (as the case may be) (i) the first and last name of the Requester who has requested the reservation, and (ii) a link to the Requester's UZURV Account profile page. 

 

Service Providers or Transportation Providers can accept a Reservation request via the Site or Mobile App. Reservation requests are confirmed via the Site or Mobile App based on the first Service Provider or Transportation Provider to accept the request.  Once a Reservation is accepted, the accepting Service Provider or Transportation Provider will be charged a Reservation Fee by UZURV as set forth in the Service Provider’s Fee Schedule, which will be charged to the Service Provider’s or Transportation Provider’s credit card. 

 

When a Service Provider or Transportation Provider accepts a reservation requested by a Requester, UZURV will send each party an email, text message or message via the Mobile App scheduling the reservation, depending on the selections made via the Site or Mobile App. When the Service Provider or Transportation Provider arrives at the designated pickup location per the Reservation, the Service Provider or Transportation Provider will notify UZURV, and UZURV will charge the credit card of the Requester and the Service Provider or Transportation Provider for the amount of the Reservation Fee, and will charge the credit card of the Requester for any Incentive Fee offered by the Requester for the Reservation.  For Transportation Services, the Requester and Transportation Provider must use the TNC platform to arrange and provide the ride. 

 

Preferred Providers

 

Requesters have the option of designating a Preferred Provider at the time of requesting a Reservation.  Requesters can designate any number of Preferred Providers for a particular Service ranked in order of preference.  If you are a Preferred Provider and a Reservation is requested for your Service via the Site or Mobile App, if you do not accept, the request will be made available to the next ranked Preferred Providers or to Service Providers generally. 

 

Incentive Fees

 

Requesters have the option of designating an Incentive Fee in the Reservation Request for a Service Provider or Transportation Provider.  Each Requester hereby appoints UZURV as the Requester’s limited payment agent solely for the purpose of accepting Incentive Fees from Requesters; and remitting such payments to the Service Provider or Transportation Provider. 

 

Each Requester agrees that payment made by a Requester through UZURV, shall be considered the same as a payment made directly to the Service Provider or Transportation Provider, subject to the cancellation provisions set forth in these Terms of Service. Each Service Provider or Transportation Provider agrees that UZURV may, in the event a Reservation is cancelled, refund the Incentive Fee to the Requester. Each Service Provider or Transportation Provider understands that UZURV accepts payments from Requesters as the Service Provider’s or Transportation Provider’s limited payment agent and that UZURV’s obligation to pay the Incentive Fee is subject to and conditional upon successful receipt of the payments from Requesters. UZURV does not guarantee payments to Service Providers for amounts that have not been successfully received by UZURV from Requesters, or that are cancelled by Requesters. In accepting payments as the limited authorized payment agent of the Requester, UZURV assumes no liability for any acts or omissions of the Service Provider, Transportation Provider or Requester.

 

Incentive Fees are tracked by UZURV on a calendar month basis, and are paid to Service Providers on a monthly basis within the first 15 days of the month following the calendar month in which the Reservation was completed.

 

Cancellations and Refunds

 

If a Requester cancels a Reservation requested via the Site or Mobile App before the requested Reservation is accepted by a Transportation Provider, UZURV will cancel any pre-authorization to the Requester’s credit card and/or refund any amounts charged to such credit card in connection with the requested Reservation within a commercially reasonable time.

 

If a Requester wishes to cancel a Reservation made via the Site or Mobile App after the Reservation is accepted by a Service Provider, the cancellation must be requested by the Requester at least one (1) hour or more prior to the requested Reservation, in which case UZURV will not charge the credit card of the Requester or Service Provider, or if charged, will refund the Reservation Fee and any Incentive Fee within a commercially reasonable period.  If the cancellation is made less than one (1) hour prior to the requested Reservation, the Reservation Fee and any Incentive Fee are owed in full by the Requester and will be charged to the credit card of the Requester. 

 

If a Service Provider or Transportation Provider wishes to cancel a Reservation made via the Site or Mobile App after accepting the Reservation, the cancellation must be requested by the Service Provider or Transportation Provider at least one (1) hour or more prior to the scheduled Reservation, in which case UZURV will not charge the credit card of the Service Provider or Requester, or if charged, will refund the Reservation Fee and any Incentive Fee within a commercially reasonable time of the cancellation. If the cancellation is made by the Service Provider less than one (1) hour prior to the requested Reservation time, the Reservation Fee will be owed by the Service Provider and will be charged to the credit card of the Service Provider; however, UZURV will not charge the Requester for the Reservation, or if charged, will refund the Reservation Fee and any Incentive Fee to the Requester. 

 

UZURV will notify Requesters and Service Providers via the Site or Mobile App of cancellations which have been communicated to UZURV. This is the sole liability and responsibility of UZURV regarding a Reservation cancelled or unfulfilled by a Service Provider.    

 

If, as a Service Provider, you cancel a confirmed reservation, you agree that UZURV may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) making your Listing unavailable or blocked, and/or (iii) keeping your Reservation Fee for the cancelled ride as a cancellation fee (to be withheld from your future Incentive Fee payouts or charged to the credit card on file in your UZURV Account).

 

In the event there is a dispute or disagreement between a Requester and Transportation Provider regarding whether a Reservation should be or was properly cancelled, UZURV shall be the sole arbiter of the dispute or disagreement, and any decision made by UZURV shall be final in this regard. 

 

General Reservation and Financial Terms

 

Service Providers (including Transportation Providers) and Requesters, not UZURV, are solely responsible for honoring any confirmed reservations scheduled through the Site or Mobile App. Service Providers are solely and separately responsible for providing the Services scheduled through the UZURV system.  For example, if you, as a Requester, choose to enter into a transaction with a Transportation Provider for Transportation Services, you agree and understand that you will be required to enter into an agreement with the Transportation Provider and such Transportation Provider’s TNC and you agree to accept any terms, conditions, rules and restrictions associated with such Transportation Services imposed by the Transportation Provider or TNC. You acknowledge and agree that you, and not UZURV, will be responsible for performing the obligations of any such agreements with Service Providers, that UZURV is not a party to such agreements, and that, with the exception of its obligations hereunder regarding payment of an Incentive Fee, UZURV disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that UZURV is not a party to the agreement between you and the Service Provider, Transportation Provider, or TNC, UZURV may act as the payment agent for the limited purpose of accepting Incentive Fees from Requesters and remitting any such payments to the Service Provider. In the event that UZURV does not remit the Incentive Payment received to the Service Provider or Transportation Provider as described in these Terms of Service, such Service Provider or Transportation Provider will have recourse only against UZURV.

 

In connection with your requested Reservation, you will be asked to provide customary billing information such as name, billing address and credit card information either to UZURV or its third-party payment processor(s). You agree to pay UZURV for any confirmed Reservations made in connection with your UZURV Account in accordance with these Terms of Service by credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Reservation, either directly by UZURV or indirectly, via a third-party online payment processor.  If you are directed to UZURV’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices.

Taxes

Tax regulations may require UZURV to collect tax information. For instance, IRS regulations may require that we collect an IRS Form W-9 from you relating to Incentive Payments or other Programs involving payment to a Service Provider. You are solely responsible for payment of taxes and all tax matters related to your Services. If you as a Service Provider fail to provide us with documentation that we determine to be sufficient to fulfill our reporting requirements, UZURV may in its discretion terminate your access to and use of the Site, Mobile App and Programs.

You agree that you are solely responsible for determining (i) your applicable tax reporting requirements, and (ii) the payment or collection of all taxes owed to local, state or federal taxing authorities.

Damage to Property

Users acknowledge and agree that UZURV has no responsibility or liability for Services provided by Service Providers, whether for acts or omissions of Requesters or acts or omissions of Service Providers. All claims for damage to a vehicle, Service instrumentality or other property caused by an act or omission of a Requester or Service Provider should be addressed with the Requester or Service Provider, or in the case of a Transportation Provider, with the TNC with which the Transportation Provider is affiliated. 

As UZURV is not a provider of Services, UZURV provides no insurance for damage caused by an act or omission of a Requester or Service Provider.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Mobile App, Content or Programs, and/or your performance of the Services. In connection with your use of the Site, Mobile App, Content or Programs, you agree that you will not:

use the Site, Mobile App, Programs or Content to provide or use Services unless you are permitted by law or regulation in your jurisdiction to use the Site or Mobile App to provide or use the Services, including Transportation Services;

 

use the Site, Mobile App, Programs or Content to find or contact a Service Provider, including a Transportation Provider, or to find a Requester, and then complete a reservation or reserve Services or Transportation Services independent of the Site or Mobile App, in order to circumvent the obligation to pay any Fees related to UZURV's provision of the Services or for any other reason;

 

use the Site, Mobile App or Content to find or contact a Transportation Provider or Requester and then undertake Transportation Services independent of a TNC platform, in order to circumvent the obligation to pay any fees related to the TNC for the transportation services or for any other reasons;

 

use manual or automated software, devices, scripts, robots or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Mobile App, Programs or Content, or collect information from the Site, Mobile App, Programs or Content for any purpose other than for use of UZURV’s services;

 

use the Site, Mobile App, Programs or Content for any commercial or other purposes that are not expressly permitted by these Terms;

 

infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

 

interfere with or damage our Site, Mobile App, Programs, or Content including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

 

use our Site, Mobile App, Programs, or Content to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

 

use our Site, Mobile App, Programs, or Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements other than as permitted by UZURV;

 

collect or store any personally identifiable information about any other User other than for purposes of using the Services as a UZURV Requester or Transportation Provider;

 

register for more than one UZURV Account;

 

contact a Service Provider or Transportation Provider  for any purpose other than asking a question related to a Reservation or such Transportation Provider’s use of the Site, Mobile App, and Programs;

 

contact a Requester for any purpose other than asking a question related to a Reservation or such Requester's use of the Site, Mobile App, Programs or Content;

 

recruit or otherwise solicit any User to join other services or websites that are competitive to UZURV, without UZURV's prior express written approval;

 

post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, deceptive, defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vi) promotes illegal or harmful activities or substances;

 

use, display, mirror or frame the Site, Mobile App or Content, or any individual element within the Site, Mobile App or Content, UZURV's name, any UZURV trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Mobile App or Programs, without UZURV's express written consent;

 

attempt to probe, scan, or test the vulnerability of any UZURV system or network or breach any security or authentication measures;

 

avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by UZURV or any of UZURV's providers or any other third party (including another User) to protect the Site, Mobile App, Programs or Content;

 

attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Mobile App, Programs or  Content; or

 

advocate, encourage, or assist any third party in doing any of the foregoing.

UZURV has the right to investigate and prosecute violations of any of the above to the fullest extent of the law, and you agree to cooperate with UZURV in such investigation, and to inform UZURV if you become aware of violations. 

UZURV may access, preserve and/or disclose any of your information if we are required to do so by law, or if reasonably necessary to (i) respond to claims asserted against UZURV or to comply with legal process (for example, subpoenas or lawsuits), (ii) enforce or administer our legal rights or obligations, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of UZURV , its Users, or members of the public . You acknowledge that UZURV has no obligation to monitor your access to or use of the Site, Mobile App or Content or to review or edit any Content, but has the right to do so for the purpose of operating and improving the Site, Mobile App, Programs or Content, to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. UZURV reserves the right, at any time and without prior notice, to remove or disable access to any Content that UZURV, at its sole discretion, considers to be objectionable for any reason, to be in violation of these Terms, or to be otherwise harmful to the Site, Mobile App or Programs.

Privacy

See UZURV's Privacy Policy at www.UZURV.com for information and notices concerning UZURV's collection and use of your personal information.

Ownership

The Site, Mobile App, Programs and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Mobile App, Programs and Content (except User content), including all associated intellectual property rights, are the exclusive property of UZURV and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Mobile App, Programs or Content.

Mobile App License

Subject to your compliance with these Terms of Services, UZURV grants you a limited non-exclusive, non-transferable license to download and install a copy of the Mobile App on a mobile device or computer that you own or control and run such copy of the Mobile App solely for your own personal use. UZURV reserves all rights in the Mobile App not expressly granted to you by these Terms.

Content License

Subject to your compliance with these Terms of Service, UZURV grants you a limited, non-exclusive, non-transferable license, to access and view any UZURV Content solely for your personal purposes or commercial purposes as allowed herein; you have no right to sublicense the license rights granted in these Terms.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Mobile App, or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by UZURV or its licensors, except for the licenses and rights expressly granted in these Terms.

 

User Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. UZURV may, in its sole discretion, remove, delete, or otherwise limit any User Content.  By making available any User Content on or through the Site, Mobile App and Programs, you hereby grant to UZURV a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Site, Mobile App and Programs, or for such other purposes as UZURV may deem, in its sole discretion, to be in the best interests of UZURV. UZURV does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site, Mobile App and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site, Mobile App and Services or you have all rights, licenses, consents and releases that are necessary to grant to UZURV the rights in such Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or UZURV's use of the User Content (or any portion thereof) on, through or by means of the Site, Mobile App and the Programs will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site, Mobile App and Programs may contain links to third-party websites or resources. You acknowledge and agree that UZURV is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by UZURV of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Groups

UZURV may allow registered account holders to participate in online discussion forums.  If you join a discussion forum, then your membership as well as some of your public information (such as your profile picture, vehicle picture and public profile page) will be visible to users who browse the forum. The ability to browse the forum will depend on the forum settings, and it may or may not be limited to members of that forum.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of UZURV used herein are property of UZURV. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Mobile App and Programs ("Feedback"). You may submit Feedback by emailing us at support@uzurv.com.  You acknowledge and agree that all Feedback will be the sole and exclusive property of UZURV and you hereby irrevocably assign to UZURV and agree to irrevocably assign to UZURV all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At UZURV's request and expense, you will execute documents and take such further acts as UZURV may reasonably request to assist UZURV to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

UZURV respects copyright law and expects its Users to do the same. It is UZURV's policy to terminate in appropriate circumstances the UZURV Accounts of Users or other account holders who infringe or are believed to be infringing the rights of copyright holders.

Suspension, Termination and Account Cancellation

We may, in our discretion and without liability to you, for any reason or no reason, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your UZURV Account. If we do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your UZURV Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Mobile App, your UZURV Account, your User Content, or receive assistance from UZURV Customer Service, (b) any pending or scheduled Reservations may be immediately terminated, (c) we may communicate to your Requesters or Service Providers or Transportation Providers that a potential or scheduled Reservation has been cancelled, (d) we may refund any Reservation Fee or Incentive Payment, and (e) any accumulated Referral Rewards will be forfeited. You may cancel your UZURV Account at any time via the "Cancel Account" feature of the Services or by sending an email to support@uzurv.com. Please note that if your UZURV Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Mobile App and Programs, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, MOBILE APP, SERVICES OR CONTENT AND/OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT UZURV DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, MOBILE APP, SERVICES, CONTENT, REFERRAL PROGRAM OR OTHER PROGRAM HEREUNDER ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, UZURV EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. UZURV MAKES NO WARRANTY THAT THE SITE, MOBILE APP, PROGRAMS, CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY RESERVATIONS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. UZURV MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SERVICE PROVIDERS, TRANSPORTATION PROVIDERS, SERVICE, TNC, OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, MOBILE APP, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UZURV OR THROUGH THE SITE, MOBILE APP, PROGRAMS OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, MOBILE APP OR PROGRAMS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, MOBILE APP OR PROGRAMS. YOU UNDERSTAND THAT UZURV DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, MOBILE APP OR PROGRAMS OR TO REVIEW VEHICLES OR TRANSPORTATION PROVIDERS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, MOBILE APP OR PROGRAMS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, MOBILE APP OR PROGRAMS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, MOBILE APP, OR PROGRAMS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, MOBILE APP OR PROGRAMS.  NOTWITHSTANDING UZURV'S APPOINTMENT AS THE LIMITED PAYMENT AGENT FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM REQUESTERS TO TRANSMIT TO TRANSPORTATION PROVIDERS, UZURV EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY REQUESTER, SERVICE PROVIDER OR OTHER THIRD PARTY BEYOND REFUND OF THE FEE.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, MOBILE APP, PROGRAMS AND CONTENT, YOUR LISTING OR SCHEDULING OF ANY RESERVATIONS VIA THE SITE OR MOBILE APP, YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR OTHER PROGRAMS HEREUNDER, AND ANY CONTACT YOU HAVE WITH OTHER USERS, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER UZURV NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, MOBILE APP, CONTENT OR PROGRAMS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, MOBILE APP, PROGRAMS, OR USER CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, MOBILE APP OR PROGRAMS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, MOBILE APP, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR OTHER PROGRAMS HEREUNDER, OR FROM YOUR LISTING OR SCHEDULING OF ANY RESERVATION VIA THE SITE OR MOBILE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UZURV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. 

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO SERVICE PROVIDERS PURSUANT TO THESE TERMS OF SERVICE (SUCH AS INCENTIVE FEES AS PAYING AGENT), IN NO EVENT WILL UZURV'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, MOBILE APP AND USER CONTENT, INCLUDING FROM THE USE OF OR INABILITY TO USE THE SITE, MOBILE APP, USER CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR OTHER PROGRAM HEREUNDER EXCEED THE AMOUNTS YOU HAVE PAID FOR A RESERVATION VIA THE SITE OR MOBILE APP AND SERVICES AS A REQUESTER OR SERVICE PROVIDER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UZURV AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold UZURV and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Mobile App, Programs or Content or your violation of these Terms of Service; (b) your User Content; (c) your (i) interaction with any User, (ii) scheduling of a Reservation or failure to fulfill a Reservation; or (iii) creation of a Listing; (d) the use or condition of a Service instrumentality or TNC vehicle, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Reservation or use of a vehicle, Service or Service instrumentality, and (e) your participation in the Referral Rewards Program, Incentive Fee program or other program hereunder.

 

 

Reporting Misconduct

If you have a Requester or Service Provider who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities or if the Service is a Transportation Service, to the TNC which provided the Service.

Entire Agreement

These Terms of Service constitute the entire and exclusive understanding and agreement between UZURV and you regarding the Site, Mobile App, Content, Incentive Fee Program, Referral Program or other Programs and any Reservations or listings made via the Site, Mobile App and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between UZURV and you regarding Reservations, the Site, Mobile App, Content, Referral Program or other Program hereunder.

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without UZURV's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. UZURV may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given by UZURV (i) via email to the address that you provide or (ii) by posting to the Site or via the Mobile App. For notices made by e-mail, such notices will be deemed to be received on the date they are transmitted.  For notices made via the Site or Mobile App, such notices will be deemed received on the date they are posted.  Notices required to be given by you must be provided to support@uzurv.com.

Governing Law

These Terms will be interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict-of-law provisions.

General

The failure of UZURV to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of UZURV. Except as expressly set forth in these Terms of Service, the exercise by any party of any of its remedies under these Terms of Service will be without prejudice to its other remedies. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, the other provisions of these Terms of Service will remain in full force and effect.

Arbitration Agreement and Jury Trial Waiver, Class Action Waiver, and Forum Selection Clause

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the UZURV or its successors or assigns shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules.

You agree that you are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights. Your rights will be determined by a neutral arbitrator and NOT a judge or jury. Arbitration procedures are simpler, more limited and more informal than a court proceeding. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and UZURV must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitrator shall honor claims of privilege and privacy recognized at law; (4) the arbitration shall be confidential, and neither you nor UZURV may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (5) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; (6) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law; (7) the parties will divide equally the costs of the arbitrator.

Notwithstanding the foregoing, claims of defamation, or for infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Richmond, VA. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Richmond, VA in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Richmond, VA for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor UZURV shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Richmond, VA.  In such cases, you agree to submit any claims or disputes, and you agree to submit, to the personal jurisdiction of a state court located in the City of Richmond or the United States District Court for Eastern District of Virginia located in Richmond, VA.

For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

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