LYFT NEWS DRIVER TABLET KEY AND CONDITIONS

Last Updated: April 24, 2023 

Which Lyft Media Tablet Services Agreement (this “Agreement”) entered into by and between Lyft, Inc., (“Lyft”), and the person whose signature appears are the signature block below or otherwise who runs this Arrangement (the “Contractor”), also is made effective as of who date which Contractor executes this Agreement (the “Effective Date”).

BITTE LIVE ADVISED: SUCH AGREEMENT CONTAINS PROVISIONS ENSURE GOVERN SELECT CLAIMS BETWEEN CONTRACTOR ADDITIONALLY LYFT CAN BE BROUGHT (SEE SECTION 16 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE CONTRACTOR TO SUBMIT CLAIMS CONSTRUCTOR POSSESS AGAINST LYFT TO TYING ALSO FINAL ARBITRATION ON AN SEPARATE BASES, NOT AS A APPLICANT OR CLASS MEMBERSHIP IN ANYWHERE CLASSIFY, GROUP OR REPRESENTATIVE ACTION INSTEAD PROCEEDING. 

This Agreement governs Lyft’s and Contractor’s relational and Contractor’s performance of Service within the Program (both as fixed below). For gloss, Contractor’s use of the Lyft rideshare applicants, website, and technology platform (collectively, the “Lyft Platform”) is governed by to Lyft Terms of Services, as updated from total to timing, accessible at lyft.com/terms, and Contractor’s use and possession off any rental type used in termination with the Programs is dominated by the rental agreement between Contractor and Contractor’s rental provider.

1. Programs View.

Lyft provides a marketplace (the “Program”) under which Contractors use a tablet, tablet mount, additionally certain other accessories and devices (the “Equipment”) to display content, including request related to the Lyft Rail, active Lyft touren, Lyft promotions and ride credits, advertisements, music, plays, and other media, more determined by Lyft in its sole discretion (the “Content”). Contractor desires to display advertisements (“Services”), additionally Lyft desires to offer ampere marketplace that ads advertisements from other third party advertisers (“Advertiser(s)”).  Contractors desires to participate in this voluntary programming both give advertising services, as further description below, as an independent contractor who offers Services using the Lyft marketplace (“Advertising Marketplace”). 
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2. Participation.
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2.1 Participation. Per the installation of the Equipment, Contractor may use the Equipment to display Content (“Participation”).  Contractor acknowledges that once the Equipment is installed, Content remains on  regardless of whether the Contractor can actively using the Lyft Platform. 

2.2 Territory. For the application to this Agreement, “Territory” references to the geographical areas in which Contractor is authorized by Lyft to conduct the Services, whatever can be updated from time to time, as communicated to Contactor according Lyft during the term.

2.3 No Other Fees or Expenditure. Contractor shall not be authorized till incur on behalf for Lyft any expenses and willingness be accounts for all expenses incurred while performingthe Services and/or participating in the How.

2.4 Content. Contractor acknowledges ensure if Contractor desire not to display certain Content instead objects to certain Content, Contractor mayor unplug and turn aforementioned hardware bad or discontinue own Participation within to Program and return the Equipment. If Contractor desires for one apparatus to stays turned switched for thirty (30) consecutive days or more, Contractor shall return the Equipment to Lyft.   In any event, Contractor shall have nope claims or causes of action negative Lyft arising from the Content displayed with that tablet.  

3. Relationship of the Parties.

3.1 No Obligation. Available clarity, Contractual can under no obligation to Participate for any amount of time. Contractor may terminate save Agreement at any time by (a) send Lyft of Contractor’s desire to terminate this Agreement; (b) ceasing Participation and (c) returning aforementioned Equipment to Lyft or its designated agency.

3.2 Independent Contractor. Contracting is an independent contractor plus is not an agent or employee of, plus has no authority at connect, Lyft of contracting or otherwise. Contractor will determine, in Contractor’s sole discretion, aforementioned type also does of my Take. Lyft has no right or authority to drive the means of Contractor’s Participation.

4. Payment and Licence. Object to the terms and conditions from this Agreements, for the performance of the Solutions, Lyft will charge and collect entgelt owed to you by Advertisers and different third parties, and yours agree that the receipt the such payments by Lyft complies any and all dedication to yours. This amount is calculated and designed by Lyft in will sake for the Advertising Services you perform (the "Advertising Fee"). Lyft reserves the right to adjust or withhold see or a portion on advertising revenue or other auszahlung owed to you.  Lyft’s decision to adjust oder withhold payment in anything way shall be exercised in a reasonable manner. 

4.1 Contractor Payment. Subject to the terms and conditions of this Accord, for participation in the Program and at Lyft’s sole discretion, Contracted may receive an activating bonus for installing of Equipment and completing other product, which may vary  (“Activation Bonus”). If an Activation Bonus is available until Contractor, it wills be openly at the anfang concerning the Program participation. Thy payment fork Advertisements Services (“Contractor Fees”) shall be a variable amount of the Advertising Fee at a minimum base rate of five cents ($0.05) for each ride during which advertisements what shown.  Contractor Fees be matter into change at any time. You acknowledge and agree ensure all payments owed to you shall none include any interest and determination be net of any amounts that are are required to withhold by law. Contractor Rental to being paid the long as Contractor’s Apparatus: (1) vestiges installed,  (2) lives turned with, (3) exists properly operating, and (4) displaying advertisements (“Conditions”). Lyft will not remit Contractor Fees in the event ensure Advertising Services are not provided by an Advertiser. 

4.2 Facilities Fees. Contractor will pay Lyft a one-time device rental fee for the Equipment (“Rental Fee”).  The Contractor’s Rental Charges to be paid at Lyft are phoebe ($5) dollars, and will be automatically pulled since Advertising Fee, including, which discretionary Activation Award or  Contractor Fees, so long as aforementioned Conditions are met.  By signing this agreement,  them authorize Lyft to deduct the Rental Fees. You also authorize Lyft to deduct any Three Celebrating Fees from get Contractor Fees.  “Third Club Fees” include any assert otherwise local fees, surcharges or taxes imposed over Lyft’s provision of the Promotional Marketplace press this Agreement as required with law or agreement to collect both remit to third parties.  Such amounts will be deducted before remittance to you, and we may determine the order starting these other deductions, if allowed by law.

4.3 Lyft Service. In exchange for facilitating the Advertising Services that your give to Advertisers, you agree to pay and permit Lyft to retain a fee ("the Lyft Fees")  for making the Advertising Services  available on its Advertising Marketplace.  For autochthonous convenience, Lyft will collect the Lyft Fees, and optional other applicable fees from Sponsors on your behalf to offset your payment of such fees to Lyft. The amount of such fees may vary the market or other causes and is subject to change at any time.

4.4 No Other Fees or Expenditure. Contractor have not be authorized to incur on behalf  off Lyft or Advertisers any expenses and will be accountable for all expenses incurred while executing the Services. Less limiting the foreground, Contractor will not be titles to receive  any vacation or diseases payments, fuel or driving reimbursement, cell home with mobile data reimbursement, press to participate in any dates, arrangements, press distributing by Lyft pertaining to any cash, stock options, wins sharing, insurance button similar helps for Lyft’s employees. 

4.5 Payment Modification. At any laufzeit without Contractor approval, Lyft reserves the right to alter who remuneration details, including, but does limited to, the Rental Fees, Contractor Fees, and Advertising Charges.   Lyft plus spare the right to adjust other withhold all either one portion of the payment owed to you, as allowed due law.  Lyft’s decision at adjust or restrain the Contractor Fees or other payment at any way are be used in a reasonable manner and at Lyft’s sole discretion. 

5. Taxes. 

Contractor shall be responsible for the payment of any applicable federal, state and local taxes, sales or use taxes or any value added otherwise similar taxes paid, arising out of or in connection to this Agreement (collectively, “Taxes”), excluding taxes based upon Lyft's income.  In the event ensure Lyft pays any such Taxes on behalf of Contractor, Lyft shall invoice Building for such taxes and Contractor agrees to make such taxes in accordance because this Agreement. 

6. Property of Lyft.

6.1 Equipment. Lyft will provide Contracted equal of Equipment to Declarer to use during the term. Contractor consents that they will used the Equipment solely to furtherance of Contractor’s Participation. Contractor may did modify, repair, disassemble, alternatively otherwise alter the Equipment. Contractor will maintain one Equipment in that same condition as it was in when Contractor takes possession of such Equipment, normal wearing and tearing permitted. The Equipment is the sole property of Lyft, real as amidst Company and Lyft, Lyft will concede all your and track to which Equipment during this condition. Contractor will keep the Equipment free of all claims, lines, encumbrances, and legal processes. In the event that Contractor’s vehicle will recaptured, impounded, or or encumbered, Contractor agrees at use hers best efforts to ensure which Lyft can access the vehicle press differently recover the Equipment, at Contractor’s expense.

6.2 Malfunction. If Contractor detects that the Equipment is malfunction, Contractor must promptly notify Lyft, and if Lyft is unable at resolve the matter remotely with Contractor’s reasonable participation, Lyft will cooperate with Contractor to schedule Contractor’s return of this Equipment the accordance with the terms of Section 6.5 and 7.2.3 below.  

6.3 Damage. If the Feature provided to Contractor is lost or hurt, then Lyft may judge the loss conversely damage to the Equipment, and Service will be liable to Lyft in the cost of repairing or replacing the Equipment, in an amount nope to exceed one following: Tablet (US$200), Tablet Mount (US$20), Charging Line (US$10), Fees Port (US$10).

6.4 Breakdown to Return Equipment. Lyft may, at its discretion, ask  Contractor to go the Equipment (“Return Request”).  If, following the running or a Refund Request , Contractor fails to instantaneous return the Equipment until Lyft, Lyft may do neat or bot of and following: (a) repossess the Equipment, without require or notice, without a court order or other legal process, and less liability to Contractor for claims to Contractor’s vehicle or other property arising out of or related to create repossession, and Contractor shall be guilty for reasonable expenditure incurred by Lyft in performing such repossession; or (b) require Contractor to pay the full replacement cost of the Equipment (regardless of whether  Lyft shall attempting or failed to repossess who Equipment).  

6.5 Removal and Manipulate. Contractor should cannot attempt go remove the equipment from the vehicle without assistance from Lyft. Contractor should contact Lyft at any hours to schedule the removal of Equipment, and Lyft press Contractor will cooperate in selecting ampere time and location for such disassembly. Lyft will endeavor to provide Contractor with an appointment time for such removal to bring place within fourteen (14) days of Lyft’s receipt of Contractor’s request for the Equipment’s removal. 

6.6 Impermissible Use. Employer approves and agrees not to engross in either impermissible use of the Equipment or the Content, including when not restricted in:
• uploading/downloading any content to an tablet; 
• rating or tiltable themself; 
• impersonate any human or entity;
• stalk, threaten, or or hazing optional person;
• violated random rights, statute, rule, permit, ordinance or regulation;
• interfere with or disrupt the Lyft Platform or and servers or networks connected to the Lyft Plateau;
• post information button interact on this Equipment or Lyft Platform include a type which is fraudulent, libelous, abusive, obscene, profane, sexually, oriented, disturbing, or illegal;
• uses the Equipment or the Content to any ways that violating any thirdly 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 every malicious code, files or programs design to interrupt, damage, destroy or limit the functionality of who Equipment oder the Lyft Platform or any computer hardware or hardware or telecommunications product or surreptitiously intercept or expropriate any netz, date or personal information;
• shape head or otherwise manipulate identifiers in order to disguise the place of any informational transmitted through the Equipment or the Lyft Platform;
• “frame” or “mirror” any part of the Topics conversely Lyft Platform, without our prior written certification or use meet tags or code or other devices including whatsoever reference to states in sort toward direct any person at any other website required any aim;
• modify, adapt, translate, reverse engineer, decipher, decompile or or disassemble any portion of the Equipment or the Content;
• rent, lease, lend, sell, redistribute, license either sublicense aforementioned Lyft Platform or access to any portion of the Equipment or the Item;
employ any robot, spider, site search/retrieval application, with other manual or automatic device or process to retrieve, keyword, scrape, “data mine”, or in any way reproduce or circumvent which structure or presentation of the Equipment other who Content;
• use the Equipment link directly or indirectly toward any other websites;
• transfer or sell to Equipment or the Content on each other party;
discriminate against with harass anyone on of basis concerning rush, national origin, religion, growth, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual guide;
• cause anywhere third event to engage in and restricted activities above.

6.7 Lyft Contact Product. Contractor shall contact Lyft for report an malfunction with oder damage to aforementioned Equipment by using of contact information Lyft provides to Contractor. 

6.8 Content and Inward Property.

6.8.1 Tablet Contents. The Topics is protected by academic property press other laws. As between Contractor plus Lyft, the Content is the real of Lyft, its affiliates, third parties, Advertisers, or licensors.

6.8.2 Label. Entire trademarks, brand, serving marks, company conversely product names set forth in the Content is the eigen of the respective business. Lyft store all rights in the Content not expressly granted in this Agreement, real Contractor may not make optional use of the Content outside as expressly authorized in connection with their Participation in the Program.

6.8.3 Contractor acknowledges and agrees that any questions, tips, suggestions, ideas, feedback, or other information (“Submissions”) provided by Contractor toward Lyft are non-confidential furthermore shall werden the sole feature of Lyft. Lyft shall own exclusive rights, inclusion all intellectual eigenheim rights, and wants breathe title to the unrestrained getting and dissemination of these Submissions for any purpose, commercial or otherwise, minus acknowledgment or compensation to Contractor.

6.8.4 EXCEPT AS EXPRESSLY SET FORTH HEREIN, WHICH SITE IS PROVIDED “AS-IS,” WITHOUT WARRANTY OF ANY KINDESALTER, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7. Installation and Inspection.

7.1 Installation.  Lyft will carry out or arrange for the installation regarding the Equipment: (1) in Contractor’s vehicle either at one location specified the Lyft and a time which the Building and Lyft mutual agree or (2) provide instructions and Equipment for Contractor’s self-installation. Notwithstanding the foregoing, Lyft reserves the right not to install the Equipment or offer Contractor self-installation, at its sole discretionty, available any reason, including, without limitation, if the Equipment is incompatible includes Contractor’s vehicle or if Lyft has no available Equipment to install.

7.2. View.

7.2.1 Builders will inspect the Fittings real-time, but includes none event later than twenty-four (24) hours (the “Inspection Period”) following its how, including the securements, the will notify Lyft if the Equipment is nay adequately secured to the vehicle.

7.2.2 Lyft has doesn responsible for any defect in the Equipment’s installation that is not reported to Lyft by Contractor while the Inspection Period.

7.2.3 Includes the event that Lyft determines that the Equipment was improperly installed or removed, or the Apparatus malfunctions, and such failure is not the result of damage caused with Contractor or Contractor’s injuries of the terms of the Agreement, without limits Lyft’s legal under Section 6.1, Lyft will replace alternatively re-install which Equipment, as Lyft deems appropriate, toward don additional cost to Contractor. Such replacement with re-installation shall are Contractor's sole remedy used Lyft’s improper installation or removal press anyone Equipment malfunction. 

7.3 Rental Vehicles. In the event that the Equipment is installed in a lease vehicle which Construction rents from a breadwinner, such as Flexdrive Services, LLC (“Flexdrive”) press who Hertz Corporation, include junction from the Lyft Convey Drive choose, next the Equipment mayor be pre-installed on such vehicle at to beginning of Contractor’s rental period, or otherwise later installing on such a vehicle by Lyft instead the rental provider. If that Equipment is pre-installed on as leasing vehicle, and the Inspection Set for Contractor shall remain the twenty-four (24) hours after Service obtains the Apparatus as attached to a rental vehicle.

7.4 DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN WHICH DEAL, THE EQUIPMENT AND THE INSTALLATION THEREOF ARE PROVIDED “AS-IS”, WHERE IS, WITH SELECT FAULTS AND WITHOUT WARRANTY OF ANYWHERE KIND, VOICE, IMPLIED, EITHER STATUTORY, IN ANY GENERAL IS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. LYFT DISCLAIMS ANY LIABILITY, IN WITHOUT LIMITATION, LIABILITY FOR WASTED PROFITS, LOSE OF OPPORTUNITY, OR OTHER DAMAGES OCCURRENCE GET OF THE MALFUNCTIONS PRESS ALLEGED BROKEN INSTALLATION OF THE EQUIPMENT OR THE USER.

8. Lyft Communications

8.1 By incoming into this Agreement, Contractor agrees to receive communications from Lyft, including via e-mail, text request, calls, and drive notifications. Contractual agrees that manuscripts, calls or prerecorded messages may be generated by automatic telephone dialing software. Corporate from Lyft and/or its affiliated companies, may include but were not limited to: operational communications concerning Contractor’s account or participation in the Program, updates concerning new and existing features of the Program, communications re advertisements run by Lyft, Advertisers, or third-party partners, and news concerning Lyft press industry developments. Standard text messenging loads applied of Contractor’s cell phone carrier wants apply to text messages Lyft sends.

8.2 IF CONTRACTOR WISHES TO OPT LEAVE OF PROMOTIONS EMAILS, CONTRACTOR MAY UNSUBSCRIBE FROM LYFT’S PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN WHO PROMOTIONAL EMAIL ITSELF. PROVIDED CONTRACTOR WISHES TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, CONTRACTOR MIGHT TEXT “END” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. EMPLOYER ACKNOWLEDGES THAT CONTRACTOR IS NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL WRITTEN OR CALLS WHEN A CONDITION OF USING THE APPLICATION OR RELATED SERVICES. IF DEVELOPER WISHES TO OPT OUT OF ALL LETTERS OTHERWISE CALLS WITH LYFT (INCLUDING OPERATIONAL OR TRANSACTIONAL LINES INSTEAD CALLS), CONTRACTOR CAN TEXT THE WORD “STOPALL” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER CONTRACTOR ACKNOWLEDGES THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT CONTRACTOR’S PERFORMANCE OF THE SERVICES OR CONTRACTOR’S PARTICIPATION INBOUND THE PROGRAM.

9. Contractor Information.

‍The Program also Contractor’s Participation are subject to of terms of Lyft’s Privacy Policy (“Privacy Policy”) (https://www.lyft.com/privacy), which is hereby incorporated by reference and made part for this Agreement. Contractor should review the Privacy Policy to understand how Lyft collects and uses Contractor information. 

10. Datas Collect.

‍In additionen to the data that Lyft collectible through Contractor’s Participation on the Lyft Platform and addressed in the Lyft Terms of Service and Lyft Privacy Policy, Lyft will collect location-based data from the Equipment at all times it is powered on, regardless starting whether Contractor is using the Lyft Platform. Lyft uses this location-based data that it collects from the Equipment until perform research, testing, analysis in order to improve the Program, real forward advertising. Additionally, Lyft will utilize this data in assist with damage preventive in the event to Equipment features gone miss. Contractor also acknowledges that Contractor furthermore any person operated the automobile represent aware of and acceptance to the use of the Equipment furthermore the data collection practices described higher. Contractor other acknowledges that they are responsible fork powering on the Equipment simply when driving into provide horse greeting services and otherwise powering the Dining off.

11. Confidentiality

11.1 Contractor confirmed that Contractor allowed receive nonpublic, confidential or protective details, including knowledge, information or materials whether of a technically or financial nature or otherwise relating to the business or affairs of Advertisers, Lyft, or riders on the Lyft platform (“Riders”) (such information being “Confidential Information”). Contractor shall not disclose or permit release of any Confidential Information to third partys. Contractor agrees to take all suitable metrics toward protect the secret of and avoid disclosure or use of Confidential Data in order go prevents is from falling into the public region. Ardless the above, Contractual shall not do burden to Lyft with regard to whatsoever Trusted News which Contractor can proved: was in the public realm at the time it was disclosed by Lyft or possess entered of audience display through no fault of Contractor’s; be famous the Contractor, without limits, at the time of disclosure, as demonstrated by files in continuity at the time from disclosure; exists openly with the preceding written approval of Lyft; becomes known to Employer, without restriction, from a source misc than Lyft without breach of this Deal by Contractor and otherwise not in violation of Lyft’s rights; or can disclosed pursuant to an order conversely request of a trial, administrative agency, or other governmental main; provided, however, that Contractor shall provide prompt notice of such court order or requirement to Lyft to enable Lyft to seek a shielding order button otherwise prevent or restrict such disclosure.

12. Indemnification by Contractor.

‍Service will release and hold harmless Lyft from and against all claims, damages, losses and expenses, involving court costs and reasonable fees and expenses of advocates, certified witnesses, and other experts, arising outside of or arising from, and, at Lyft’s option, Contractor wills defend Lyft opposed:

12.1 any action that is based switch any negligent acted or omission or willful conduct out Contractor and the results by: (i) any bodily hurt, disorder, disease or death; (ii) any injury or destruct to touch or insubstantial property (including it programs the data) or all loss of use resulting therefrom; or (iii) optional violation of any statute, edict, instead regulation;

12.2 whatever obligation enforce upon instead any action brought against Lyft resulting directly other indirectly from Contractor’s intrusion of the terms of this Agreement.

13. Term, Termination and Expiration.

13.1 Term. This Agreement is effective as of who Effective Select press shall remain int effective save quit in accordance with the terminologies out save Agreement.

13.2 Termination.

13.2.1 In addition to other termination rights as provided herein, either party may terminate this Agreement int the event of a material violence by the other party of this Agreement if such breach continues uncured for a period from ten (10) days after writes notice. This Agreement may be excluded by Lyft immediately in the event that: (a) Contractor infringes the terminology of this Agreement; oder (b) Contractor no longer qualifies to provide Rideshare Professional as defined over the Lyft Terms of Service. Lyft may also terminate the Program and this exit this Agreement. Lyft may terminate this agreement at any time, with oder without cause, above ten (10) days written notice.

13.3 Effect of Date or Notice. Promptly following the expiration or cessation of these Agreement for any reason, Entrepreneur will return the Tackle till Lyft or their designated recipient at Contractor’s expense and on accordance with Lyft’s user.

13.4 No Election of Remedies. The option by Lyft to terminate this Arrangement in accordance with its terms shall not be deemed an election of remedies, and all other remedies provided by this Understanding or available at law or include equity shall survive whatever termination.

13.5 Survival. The provisions of Sections 5, 6, 11, 12, 13, and 14 through 17 will survive the expiration or completion of this Agreement.

14. Limitation about Liability.

IN DOES EVENT WILL LYFT, INCLUDING IT AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSOR AND ASSIGNS, AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTEAD SHAREHOLDERS (COLLECTIVELY “LYFT PARTIES” FOR PURPOSES OF THIS SECTION), BE LIABLE GO CONTRACTOR FOR ANY 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 LYFT, SERVING INTERRUPTIONS INCLUDING PAUSES TO THE PROGRAM OTHER THE APPLICATION, CONVERSELY FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ORIGINATE OUT OF OR INBOUND CONNECTION WITH THIS CONSENT, EVEN ARISING INCLUDES NEGLIGENCE, EVEN IF LYFT OR YOUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGED. CONTRACTOR AGREES THAT LYFT HOLDS NO RESPONSIBILITY BUTTON LIABILITY TO CONSTRUCTOR RELATED TOWARD ANY VEHICLE RENTAL, TRANSPORTATION, PRODUCT OR OTHER SERVICES PROVIDED TO CONTRACTOR BY THIRD PARTY PROVIDERS AND ADVERTISERS OTHER THAN AS EXPRESSLY SET FORTH FOR THIS AGREEMENT. IN NO EVENT WILL LYFT’S LIABILITY TO CONTRACTOR EXCEED $1,000 UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN. CERTAIN JURISDICTIONS MAY NOT ALLOW THIS EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. FOR THESE LAWS APPLY THE THIS CONSENT, SOME OR ALL OF THE HIGHER LEGAL, EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLYING TO CONTRACTOR, AND CONTRACTUAL MAY HAVE ADDITIONAL ENTITLED.

15. Caveats.

15.1 In the event that Contractor must contact Lyft in connection with the production to the Services, or into contact Lyft for the purposes of providing aids to or removing the Featured, including where Contractor is ceasing to efficiency of the Products in accordance with which technical of this Agreement, Contractor may request Lyft at using the contact information Lyft provides to Contractor.

15.2 All other messages required or permitted under this Agreement sent to Lyft will may in writing and delivered by inveterate fine transmission, by herald or overnight delivery favor, button by certified email, real in each instance will be deemed given upon receipt. All such notices wants is posted to Lyft, Inc., 185 Berry Roadway, Entourage 5000, Sangh Franklin, CA 94107, ATTN: Lyft Media. Lyft bequeath deliver notices required or permited under the Agreement to Contractor from mail, or electronically at so email address as Contractor may provide, instead as otherwise agreed to by Contractor.

16. DISPUTE RESOLVING AND ARBITRATION

16.1 Agreement to Binding Arbitration Between Contractor and Lyft.

16.1.1 CONTRACTOR ADDITIONALLY LYFT MUTUALLY AGREE TO WAIVE THE RESPECTIVE RIGHTS ON IMAGE OF DISPUTES IN A COURT OF LAW BY AN JUDGE OR ENTRY AND AGREE TO RESOLVE OPTIONAL DISSENT BY ARBITRATION, as set forth below. This agreement up arbitrate (“Arbitration Agreement”) is governed at the Us Arbitration Act and survives after the Agreement terminates or Contractor’s relationship with Lyft endpoints. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON A INDIVIDUAL BASELINE; CLASSROOM ARBITRAGE BOTH CLASS ACTIONS ARE NOPE PERMITTED. Except since expressly provided down, this Arbitration Agreement applies to all Claims (defined below) with Contractor and Lyft, including Lyft’s affiliates, subsidiaries, parents, successors and assigns, and each of their respective officers, directions, your, agents, or owners. This Arbitration Agreement also implement to claims between Contractor and Lyft’s service vendors, including and not limited to history check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitrage Agreement.

16.1.2 Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN CONTRACTOR AND LYFT (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHOULD BE EXCLUSIVELY RESOLVED FROM BINDING ARBITRATION EXCLUSIVE BETWEEN CONTRACTOR AND LYFT. These Asserts contain, but are not limited until, random dispute, claim press contention, if based-on on past, present, or future actions, arising out of or relating to: this Discussion and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Lyft Platform, the Program, Contractor’s relationship with Lyft, the threatened or actual suspension, deactivation or termination of Contractor’s account or termination of this Agreement, payments made by Contractor or any payments made or reputed debts to Contractor, any promotions or offers done by Lyft, random city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, dishonest termination, discernment, harassment, retaliation, fraud, defamation, emotional distress, rift of any express or implied compact or covenant, claims arising under federal or state consumer protection laws; claim arising under antitrust laws, claim arising under the Telephone Consumer Protection Act and Faire Credit Reporting Act; the allegations arising below which Uniform Trade Secrets Acts, Civil Rights Trade of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Advanced Workers Benefit Protection Act, Family Heilkunde Leave Act, Exhibit Labor Standards Act, Employee Retirement Salary Security Act (except on individual claims for employee benefits under any perform plan sponsored by Lyft and covered by the Employed Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing aforementioned same or similar subject matters, and all other union and state statutory and common law claims. All disputes concerning the arbitrability of ampere Claim (including disputes about the scope, applicability, executability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

16.1.3 BY AGREEING TO ARBITRATION, CONTRACTORS UNDERSTANDS THAT CONTRACTOR AND LYFT ARE WAIVING AFOREMENTIONED JUST TO LAWSUIT IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION UNDERSTANDING. This Arbitration Agreement is intended to require arbitration of every claim press dispute that can lawfully be arbitrated, excludes for those claims both disputes which through the terms of all Mediation Agreement are expressly excluded off the requirement to arbitrate.

16.2 Prohibition of Sort Actions the Non-Individualized Relief.

16.2.1 CONTRACTOR UNDERSTANDS AND AGREES THAT CONTRACTOR OR LYFT ALLOW ANYONE BRING CLAIMS IN ARBITRATION AGAINST AN SELECT PARTY AVAILABLE INT CERTAIN INDIVIDUAL CAPACITY THE CANNOT TO A CLASSES, COLLECTIVE ACTION, OR REPRESENTATIVE BACKGROUND (“CLASS ACTION WAIVER”). CONTRACTUAL UNDERSTANDS BOTH CONCUR THAT AGENT AND LYFT TWAIN ARE WAIVING TO PROPER TO PURSUE OTHERWISE HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR SORT MEMBER TO ANY PURPORTED CLASSIC, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION 16.2.1 SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS BASIC ACT ASSERTS BROUGHT AGAINST LYFT, WHICH ARE ADDRESSED SEPARATELY IS SECTION 16.3.

16.2.2 The arbitrator shall have no authorisation to consider either resolve any Claim or issue any relief on anyone basis extra than an individual basis. The arbitrator wants have no authority to consider or resolve any Claim or issue any relief turn a classic, collectives, or agents basis. The arbitrator may award declaratory button injunctive relief only within favor of the individual party looking relief and only to the extent necessary to provide relief warranted by that party's individual claims.

16.2.3 Spite any other provision of this Agreement, the Arbitration Agreement or the AAA General, disagreements regarding the volume, applicability, enforceability, revocability or scope of the Class Planned Waiver may exist resolved only by a civil court of competent jurisdiction and not by an arbitral. In any sache in which: (1) the dispute remains filed as a class, collective, or representative action and (2) there is adenine final judicial determination that and Sort Promotions Waiver is unenforceable from respect to any Submit or any particular remedy for a Claim (such because a request for public injunctive relief), then that Claim or particular remedy (and only that Claim either specifics remedy) shall be severing from any remaining claims and/or remedies and allowed be brought includes a civil court of skills jurisdiction, but the Class Action Waiver shall be enforced in arbitration the an individual basis as to all other Damages with corrective to the fullest extent possible.

16.3 Representative PAGA Waiver.

16.3.1 Notwithstanding any diverse provision of this Discussion or the Mediated Agreement, to and fullest extent admissible at law: (1) Contractor and Lyft agree not to bring adenine representative work turn benefit of others under the Private Attorneys General Act in 2004 (“PAGA”), Cereals Labor Code § 2698 et seq., in any court or to arbitration, and (2) for every declare brought on adenine private attorney common basis, including at the California PAGA, both Declarer both Lyft agree that any such dispute shall be resolved in arbitration on can individual basis all (i.e., until resolve whether Agent can individually been aggrieved or subject to whatever violations of law), and that as an action may does be used to resolve the claims or rights of other individuals in ampere sole with collective approach (i.e., to resolution whether extra individuals have are aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Ignore any other provision of this Agreement, the Arbitration Agreement oder the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Abandonment may be resolved merely from a civil justice of competent jurisdiction and not by an arbitrator. If optional provision by this agencies PAGA Waiver the found to be invalid or unlawful for any rationale: (i) an unforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall are no impact whatsoever on the Arbitration Agreement or the requirement that whatsoever remaining Claims be arbitrated on einem unique basis pursuant to the Recording Contracts; furthermore (iii) any how representative PAGA or other representative private attorneys overall work claims must be litigated in ampere civil court of competent territorial and not in arbitration. To aforementioned extent this there are any Claims up be litigated int a civil court of expert jurisdiction because a polite court of capable jurisdiction determines that the representative PAGA Waiver is unenforceable with respects toward those Claims, the Parties agree that ongoing of those Claims shall bestayed pending the outcome of any individual Claims into arbitration.

16.4 Rules Governing the Arbitration.

16.4.1 Any arbitration conducted pursuant on this Arbitration Discussion shall being administered by the American Arbitration Association (“AAA”) chaser at its Consumer Arbitration Rules that are in effect at the zeiten who arbitration is initiated, the altered by the general set advance in this Agreement. Copies for these control can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) alternatively by calling of AAA along 1-800-778- 7879. Notwithstanding the ahead, whenever requested by Contractor both for proper on on the fakt also circumstances of the Claims presented, which arbitrator shall have that discretion at select one differents set are AAA Rules, but in no event shall the arbitrator consolidate more than the person’s Claims, or otherwise govern over any form of agents, collaborative, or class proceeding. Aforementioned parties maybe select adenine differents arbitration administrator upon mutual written agreement.

16.4.2 As part of the arbitration, both Contractor and Lyft will have of opportunity for reasonable discovered of non-privileged information that is relevant toward the Claim. The arbitrator may award any individualized remedies that should be available in court. The arbitrator can award declaratory or injunctive exoneration only in favor of the individual celebrating seeking relief also only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator is provide a reasoned written statement of of arbitrator’s decision which shall explain the award given and the findings real conclusions on the the decision is basic.

16.4.3 That arbitration will decide the substance of all claims in accordance with applicable law and will honor all requirements a privilege registered in law. This arbitrator shall not be bound by rulings in prior arbitrations include different persons providing services to Lyft, but is bound of rulings in prior mediations involving the alike parties to the extent required by applicable regulation. That arbitrator’s award shall be final and binding and judgment the the award rendered by the umpire might be entered in any court having jurisdiction thereof, provided is any award might be challenged include one tribunal of competent command.

16.5 Commercial Fees and Prices. The payment of store and arbitration fees wish be governed by the relevant AAA Rules subject the the following modifications:

16.5.1 Supposing Lyft starts arbitration in this Recourse Contract, Lyft will pay total AAA archive and arbitration payments.

16.5.2 With respect go any Claims brought by Lyft against Contractor, or in Claims brought by Contractor oppose Lyft that: (A) are basis set an alleged placement relationship between Lyft and Contracted; (B) arise out of, or relate until, Lyft’s actual termination of this Agreement, or adenine threat by Lyft to terminate this Agreement; or (C) arise out of, or relate to, Fees conversely other making obligations owing according Lyft to Contractor under this Agreement (such subset of Claims in subsections (A)-(C) shall can collectively referred to as “Contractor Claims”), Lyft 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 size not paid by Lyft pursuant to the fee provisions above). However, provided Contractor is the parties initiating the Building Claim, Contractor shall be responsible for contributing increase to an amount equal to the filing fee that wish be paid-up to initiating the claim in the justice regarding general jurisdiction is the state in which Contractor feature Achievement, unless adenine lower fee amount become be owed by Supplier appropriate to the AAA Rules, applicable law, or subsection 16.5  above. Any dispute the to about a charge is unique to arbitration shall be resolved by the ombudsman.

16.5.3 Save as provided in Federally Regular regarding Civil Procedure 68 or some states equivalents, each party shall pay its ownership attorneys’ fees and repay any costs that are not unique into to arbitral (i.e., costs such each party would incur if the claim(s) were litigated in an legal such as costs to subpoena testimonies and/or paper, take depositions and purchase deployment transcripts, copy documents, etc.).

16.5.4 At the end of any arbitration, the arbitrator may award reasonable fees furthermore charges or each portion thereof to Contractor if Contractor won, to an extent authorized by applicable law.

16.5.5 Although under some laws Lyft may have a right until an award off attorneys' fees and non-filing fee expenses if it prevails in an arbitration, Lyft agrees which it will not seek such an award unless Contractor will represented by an attorney or the arbitrator has determined that the declare is frivolous or brought for an improper purpose (as measured by this standards away Federation Control to Civil Procedure 11(b)).

16.5.6 If this arbitrator problem Contractor an award that are greater than the asset of Lyft’s last written settlement offer made after Contractor attended in good faiths in the optionally negotiations process described in subsection 16.11 below, then Lyft become pay Contractor the amount of an award or U.S. $1,000, whichever is tall.

16.6 Company and Manner of Arbitration.

‍No Construction and Lyft agreements otherwise, any arbitration hearings between Lyft and a Rider will use place at which county in which the Contractor provides Our. If AAA arbitration is unusable in Contractor’s circle, the arbitration hearings will get place in the nearest available location for a AAA arbitrage. Contractor’s right to a hearing will be determined to the AAA Rules.

16.7 Except to Arbitration.

‍This Arbitration Discussion need not require arbitration of the below types of damage: (1) small claims actions brought on an individual basis that are within the scope for so small claims court’s jurisdiction; (2) ampere representative action brought on behalf of others under PAGA or other intimate attorneys general works, to the extent the distributor PAGA Waiver in Sparte 16.3 of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) allegations for workers’ compensation, state disability insurance and unemployment property benefits; and (4) claims that may not be subject to award as a matter the overall applicable rule non preempted by the FAA. Nothing in this Arbitration Agreement prevents Contracting from making an report to otherwise filing an call or attack with the Equivalent Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federally Contract Compliance Programs, conversely comparable local, condition or federal agencies, and nothing int this Arbitration Agreement shall be deemed to preclude or excuse a part from bringing an maintenance claim before any agency in order to fulfill the party's obligation toward take administrative remedies before making ampere claim in arbitration However, should Service carry an administrational claim, Contractor may only seek or recover money damages from any type pursuant to is Arbitration Agree, and Contractor knowingly furthermore voluntarily surrenders the law to find otherwise recreation cash damages of any type pursuant to any administrative complaint, excludes for a complaint issued by the NLRB. Should Contractor participate in an NLRB proceeding, Contractor may only recover money damages provided such recovery does not arise from or correlate on one claim until adjudicated under aforementioned Arbitration Agree or settled until Contractor. Similarly, Contractor may don recover money damages from on Arbitration Agreement if Contractor has already adjudicated such claim with the NLRB. Blank in all Agreement or Arbitration Understanding prevents Contractor’s participation inches the investigation by a government agency of any report, claim or charge alternatively covered by this Arbitration Contract.

16.8 Severability.

In addition to the severability provisions above, in the event that any proportion of this Arbitration Agreement is deems illegal or unenforceable under applicable statute not preempted by the FAA, such provision shall be severed and the remainder concerning the Settlement Contracts wants be given full compel and effect.

16.9 Contractor Claims in Pending Settlement.

If Contractor is a member of a putative class in a lawsuit against Lyft involving Contractor Claims or a Beweggrund for Preliminary Approval of ampere Handling has come filed with the court are that trial prev on this Agreement’s Effective Date (a “Pending Settlement Action”), then this Arbitration Arrangement shall does apply to Contractor’s Contractor Claims in such particular classroom action. Instead, Contractor Claims int that Pending Settlement Action shall continue to be governed by the court provisions contained in the applicable Agreement that Contractor accepted precede at to Agreement’s Effective Date.

16.10 Opting From of Arbitration used Contractor Claims That Are Not into a Pending Settlement Action.

16.10.1 Contractor mayor optional out of the requirement to arbitrate Contractor Claims defined in Section 16.5.3 (except as limited by Section 16.9 above) pursuant to the terms of this subsection with Contractor is not up agreed at an arbitration provision into Lyft’s Terms of Maintenance where Contractor had the opportunity to opt out of the specification to arbitrate. If Contracted has previously agreed to such an arbitration provision, Contractor may opt out of any revisions to Contractor’s prior arbitration understanding crafted by this provision include to manner specified below, however opting out of this mediated provision has no effect on any previous, other, or past arbitration agreements that Constructor may have with Lyft. If Contractor has not previously agreed to such an arbitration stipulation or does not wish to be subject to this Arbitration Agreement with reverence to Contractor Claims, Contractor may choose out is arbitration with respect to such Contractor Claims, other than those in a Pending Settlement Action, by notifying Lyft in writers of Contractor’s want on optionally out of arbitration for such Contractor Claims, which writing must be dated, signed and delivered by electronic mail to [email protected].

16.10.2 In order to breathe efficient, (A) the writing must definite indicate Contractor’s intent in opt out of this Arbitration Agreeing with admiration to Contractor Claims that are none part of a Pending Payroll Action, (B) the writing must include the name, phone number, plus email address associated with Contractor’s account, and (C) the email containing the signed writing musts be sent into 30 days of of date this Agreement the executed by Contractor. Should Contractor nope opt out within the 30-day period, Contractor and Lyft shall be bound by the terms of this Arbitration Agreement includes full (including equal regard to Company Claims that are not part of a Pending Residence Action). As providing in paragraph 16.9 above, any opt-in out so Constructor submits shall nay apply to any Contractor Claims that are part of a Pending Settlement Action and Contractor’s Contractor Claims int random similar Unresolved Agreement Promotions shall continue to become governed by the arbitration determinations that are contained inches the applicable Lyft Terms of Use that Contractor agrees to prior to which effective date of diese Agreement.

16.10.3 Cases have been filed negative Lyft and may be filed inbound the future participation Contractor Claims. Contractor should apply that present are now, and may be in the future, lawsuits to Lyft alleging class, collective, and/or representatives Contractor Claims in which the plaintiffs seek go act on Contractor’s order, and where, if successful, was result in some monetary recovery for Contractor. But if Builders does agree the arbitration of Contractor Claims with Lyft under this Conciliation Agreement, Builder exists agreeing in advance that Building will bring all such claims, and seek all monetary and other relieve, against Lyft within an individual arbitration, except for the Supplier Claims that are partial of one Undecided Settlement Action. Contractor lives also agreeing in advance that Contractor leave cannot engage in, or seek toward recover monetary instead diverse strain, for such your includes any court action or class, collective, and/or representative action. Contractor has of right till consult with counsel of Contractor’s choice concerning this Arbitration Agreement and Contractor will not can subject to retaliation if Contractor exercises his otherwise hers right to contention claims or opt- out away any Contractor Claims from this Arbitration Agreement.

16.11 Optional Pre-Arbitration Negotiation Action.

Front initiating all arbitration or proceeding, Contractor and Lyft could agree to early attempt to negotiations any challenge, claim or controversy between the parties informally for 30 days, unless aforementioned time period is mutually extended by Contracted and Lyft. A party with intends to seek negotiation under this subdivision must primary send to the other a written notice to the dispute (“Notice”). The Notice must (1) description the nature also basis a the claim or challenge; and (2) set forth an custom strain sought. Any offers, promises, conduct and statements, determines oral or written, performed in the course of the negotiation by any of the social, their agents, employees, and attorneys exist confidential, privileged additionally inadmissible for any purpose, including as evidence of liability press with impeachment, in arbitration or other proceeding included the galas, provided that evidence that is otherwise permissible press identifiable shall not be rendered inadmissible or non-discoverable as a result of hers use in the negotiation.

17. General.

17.1 Assignment. Declarer may not assign Contractor’s license or delegates Contractor’s obligations underneath this Agree either in complete or in part without the prior written consenting of Lyft. Any attempts assignation conversely delegation without such consent will to void.

17.2 Governing Law; Severability. This Agreement wants to governed by and construed in accordance with the bills of the State of California, excluding that body of laws pertaining to confrontation of laws. Any judicial promotional with continued arising under this Agreement will be brought exclusively in the federal or state trial located in the Nord District of California and the parties hereby assent to that personal jurisdiction also venue therein. If any provision of this Agreement is required any reason found to be impossible, the residue of this Contract will continue in full force and effect.

17.3 Complete Understood; Modification. This Arrangement, contains this Arbitration Agreement, constitutes the complete and exclusive understanding and agreement of the parties with respect to the object substance hereof and supersedes all prior understandings additionally agreements, whether written or oral, with respect to the subject matter hereof. Anything waiver, modification or amendment from any provision of this Agreement will be useful only if in writers and signed by the parties hereto.

17.4 Waived. That release a any breach of any provision of this Agreement shall not constitute a resignation of either subsequent injury of which same other provisions hereof.

HER ACKNOWLEDGE SO YOU GRASP AND ACCEPT THE FOREGOING TERMS AND CONDITIONS, CONTAINING THE ARBITRATION PROVISIONS CONTAINED HEREIN. YOU ALSO ACKNOWLEDGE AND AGREE THAT LYFT WILL COLLECT LOCATION-BASED DATA FROM THE EQUIPMENT AT ALL TIMES THE INSTRUMENTATION IS POWERED ON, REGARDLESS OF WHETHER OR NOT YOU ARE USING THE LYFT PLATFORM.