Uber Terms and Conditions for Accepting Ride Requests Originating on the Uber Platform in New York City
Uber Technologies, Inc. (together with its affiliates including Uber USA, LLC, collectively, “Uber”) provides a technology platform (“Uber Platform”) that enables users (“Riders”) to, inter alia, request rides from third party independent providers of transportation made available in the United States and its territories and possessions by Uber.
Curb Mobility, LLC (“Curb”), and Uber have entered into an agreement to establish a program (“Program”) in which drivers of New York City Taxicabs and Street Hail Livery Vehicles (as each such term is defined in the rules of New York City Taxi and Limousine Commission (the “TLC”)) (“Taxis”) equipped with a Technology System (as defined in the rules of the TLC (“TLC Rules”) provided by Curb (“Curb Technology”) (which Curb Technology is connected to and part of Curb’s technology platform that facilitates the engagement of Taxis and other for-hire vehicles (such technology platform, including the Curb Technology and the Curb® mobile app, the “Curb Platform”)), may receive, via the Curb Technology, requests for transportation from Riders using the Uber Platform (“Uber Platform Ride Requests”).
These Terms and Conditions ("Terms") govern your acceptance and fulfillment of Uber Platform Ride Requests through the Program by providing transportation service with your Taxi (“Taxicab Service”) originating in New York, New York to Riders (“Rides”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND UBER. In these Terms, the words "including" and "include" mean "including, but not limited to."
2. Contractual Relationship
Your acceptance of these Terms constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Uber. If you do not agree to these Terms, you may not accept Uber Platform Ride Requests. These Terms do not supersede or replace any agreements or arrangements between you, on the one hand, and Uber, on the other hand, with respect to receiving ride requests directly through the Uber app, which activity is outside the scope of the Program with Curb. Any such agreement for accepting ride requests directly through the Uber app shall not be superseded or replaced by these Terms, and to the extent that such other agreement is inconsistent with these Terms, such other agreement will govern. Further, neither these Terms nor any provision hereof shall be interpreted or construed as in any way affecting, amending, modifying, limiting, expanding, altering or otherwise changing any contractual agreements or arrangements between you, on the one hand, and Curb or any of its affiliates, on the other hand, or any of your or Curb’s or its affiliates’ respective rights or obligations thereunder. You acknowledge and agree that none of Curb or its affiliates is a party to these Terms and that you have no rights hereunder with respect to any of the Curb Technology, the Curb Platform or Curb or any of its affiliates.
The relationship between you and Uber is solely as independent business enterprises, each operating a separate and distinct business enterprise that provides a service outside the usual course of business of the other. This is not an employment agreement and you are not an employee or agent of Uber. You confirm the existence and nature of that contractual relationship each time you accept an Uber Platform Ride Request through the Program. Uber is not hiring or engaging you to provide any service. Nothing in these Terms creates, will create, or is intended to create, any employment, agency, partnership, joint venture, franchise or sales representative relationship between you and Uber. You have no authority to make or accept any offers or representations on Uber’s behalf.
Uber does not, and has no right to, direct or control you. You decide when, where and whether you want to accept, decline, ignore or cancel an Uber Platform Ride Request; provided, in each case, that you agree not to discriminate against any potential Rider or otherwise refuse service in violation of the Requirements (defined below). Uber does not require you to accept any minimum number of Rides in order to receive Uber Platform Ride Requests. You understand, however, that your Riders’ experiences with your Rides, as determined by Rider input, may affect your ability to receive Uber Platform Ride Requests.
Your ability to receive Uber Platform Ride Requests is also subject to the guidelines and policies set forth in Uber’s Community Guidelines and the U.S. Service Animal and Assistive Device Policy even though you will not directly access or use the Uber Platform as part of the Program. Any violations of those guidelines and policies may result in Uber requesting that Curb not make Uber Platform Ride Requests available to you. Additionally, in the event (a) the Program is terminated for any reason, (b) your access to the Curb Platform terminates, (c) your access to Uber Platform Ride Requests is deactivated as set forth below, or (d) it is determined that you or your Taxi are no longer in good standing with the TLC, you will not receive Uber Platform Ride Requests through the Curb Technology.
You also understand that any trips facilitated in accordance with these Terms will not be classified as For Hire Vehicle (“FHV”) trips. These trips will be classified as taxicab trips facilitated via Curb, a licensed e-hail provider.
Uber may amend these Terms from time to time and your continued ability to receive Uber Platform Ride Requests will depend upon your acceptance of the amended Terms.
You are responsible for identifying, understanding, and complying with (i) all laws (including, but not limited to, the Americans with Disabilities Act), rules and regulations that apply to your provision of Rides (including whether you are permitted to provide Taxicab Service at all) in New York City and (ii) these Terms (collectively, the “Requirements”). Subject to applicable law, you are responsible for identifying and obtaining any required license (including commercial or driver’s license), permit, or registration required to provide any Taxicab Service that you provide under the Program. Notwithstanding anything to the contrary in these Terms, for the avoidance of doubt, your ability to receive Uber Platform Ride Request is at all times subject to your compliance with the Requirements. You agree not to accept Uber Platform Ride Request if you are knowingly not in compliance with the Requirements.
The Americans with Disabilities Act imposes obligations including the obligation to transport Riders with service animals and does not contain exceptions for allergies or religious objections. Uber has the right to and you consent to the permanent deactivation of your ability to receive Uber Platform Ride Requests and the permanent termination of your contractual relationship with Uber if, based on the evidence, Uber concludes that you knowingly refused a Ride request from a Rider with a service animal, or if Uber receives plausible reports from Riders of more than one cancellation or refusal by you alleged to be on the basis of the presence of a Rider’s service animal.
You represent, warrant and covenant that (a) you have all the necessary expertise and experience to provide Rides in compliance with the Requirements and standards applicable to the Taxicab Service, (b) your Uber Platform Ride Request, and provision of Taxicab Service, for Rides originating in New York City is permitted by the Requirements (including any age requirements), and (c) all such acceptance of Uber Platform Ride Requests and the provision of such Rides will be in compliance with the Requirements. You are responsible for, and bear all costs of, providing all equipment, tools and other materials that you deem necessary or advisable and are solely responsible for any obligations or liabilities arising from the Rides you provide.
You are responsible for all activity conducted on your Curb Platform account with respect to accepting Uber Platform Ride Requests and the provision of such Rides. For account security and Rider safety purposes, you agree not to share or allow anyone to use your login credentials or other personal information used in connection with your Curb Platform account, including but not limited to photos of yourself, to accept Uber Platform Ride Requests. If you think anyone has obtained improper access to your Curb Platform account, login credentials or personal information, you are required to notify Curb and to change your password immediately. You agree that Uber is not responsible for any losses arising from your sharing of Curb Platform account credentials with a third party, including without limitation phishing.
You represent, warrant, and covenant that you have all required authority to accept and be bound by these Terms. If you are accepting these Terms on behalf of your company, entity, or organization, you represent and warrant that you are an authorized representative of that company, entity, or organization with the authority to bind such party to these Terms.
4. Accepting Uber Platform Ride Requests
You may receive Rider information, including approximate pickup location, (“Rider User Information”) and you agree that your Rider may also be given identifying information about you, including your first name, TLC license number, photo, location, and vehicle information (“Driver User Information”).
Without a Rider’s consent, you agree to not contact any Rider or otherwise use any of the Rider User Information except solely in connection with the provision of Rides to that Rider. You agree to treat all Rider User Information as Confidential Information (defined below) received by you in connection with receiving Uber Platform Ride Requests. You acknowledge that your violation of your confidentiality obligations may also violate certain laws and could result in civil or criminal penalties.
Your Rider may be asked to comment on your services, and you may be asked to comment on your Rider. These comments can include star or other ratings and other feedback (collectively, “Ratings”), which Uber asks all parties to provide in good faith.
Ratings are not confidential and you hereby authorize our use, distribution and display of your Ratings (and Ratings about you) as provided in our Privacy Notice, without attribution or further approval. Uber has no obligation to verify Ratings or their accuracy, and may remove them from the Uber Platform in accordance with the standards in our Community Guidelines. You can find out more about Ratings and how they may affect your ability to receive Uber Platform Ride Requests by visiting our website.
6. Ending Access to Uber Platform Ride Requests
You consent to and Uber may request that Curb temporarily deactivate your ability to receive Uber Platform Ride Requests without notice to investigate whether in the provision of Uber Platform Ride Requests, you have engaged in, or your Curb Platform account has been used in, activity that is deceptive, fraudulent, unsafe, illegal, harmful to Uber’s brand, business or reputation, or that violates these Terms (including the policies incorporated herein by reference) (any of the foregoing, a “Material Breach or Violation”). You also consent to and Uber may permanently deactivate your access to Uber Platform Ride Requests without notice if Uber determines in our discretion that a Material Breach or Violation has occurred.
Your Commercial Auto Liability Insurance for Taxicab Service
There will be valid and compliant commercial automobile liability insurance on the vehicle you use for taxicab trips maintained by the vehicle owner that provides protection against bodily injury and property damage to third parties at coverage levels that satisfy the minimum coverage and limit requirements to operate a Taxicab Service vehicle in New York City. You must be covered as an insured on the commercial automobile liability insurance. You will notify Curb in writing immediately if you become aware the policy you use is canceled. Where the applicable commercial auto liability policy includes a blanket additional insured endorsement, you agree that your consent to these terms satisfies the endorsement’s requirements.
Uber will collect on your behalf from your Rider a fare (the “Fare”) for the Taxicab Services you provide. The Fare that will be collected on your behalf will be presented to you by the Curb Platform as part of the trip request. Unless you are provided with notice otherwise, the Fare will be based on the estimated time and distance of the trip, as determined by Uber’s technology, multiplied by per-minute and per-mile rates that are comparable to the rates that apply to Uber’s High Volume For-Hire Service Base operations, which are established by the TLC and available at https://www1.nyc.gov/site/tlc/about/driver-pay-rates.page). The Fare may be adjusted on additional per-trip driver surge pricing and may include certain fees and surcharges, or portions thereof, that are ultimately remitted to you. On a canceled trip, the Fare may be the cancellation fee or a portion thereof charged to the Rider.
You accept this Fare by accepting the Uber Platform Ride Request. The Fare that is presented to you will not include any applicable tolls. Uber will collect any tolls on your behalf from riders and remit to Curb for further remittance in accordance with Curb’s standard processes and procedures for remittance of Fares and any agreements that Curb has in place with you or the owner, manager or agent for your Taxi that governs the processing of payments made via the Curb Platform. Unless Curb provides notice to you otherwise, the Fare that is presented to you before a trip will not be subject to automatic adjustment even if a Rider changes their route, pickup, or drop-off location.
Fares do not include gratuity, and receiving a gratuity is not guaranteed. Rather, Riders may, in their sole discretion, decide to pay you a gratuity. You acknowledge that the gratuity may not be included in the original disbursement of fees remitted to you by Curb. Rather the Rider may include such gratuity up to thirty (30) days after the trip, after which such gratuity will be transmitted to Curb for further remittance as stated above.
Uber will remit all Fares, tolls, and gratuities collected on your behalf to Curb in a timely manner in order to enable Curb to remit such amounts to you in accordance with the TLC Rules. Uber is not responsible for remitting any payments directly to you.
In order to facilitate the transactions described in this Section 8, you hereby appoint Uber as your limited agent for payment collection for your Rides and we hereby accept such appointment. We will process the Rider Payment, including the Fare, on your behalf through our Platform’s payment processing functionality and remit all Fares, tolls, and gratuities on your behalf to Curb for further remittance in accordance with Curb’s standard processes and procedures for remittance of Fares and any agreements Curb has in place with you or the owner, manager or agent for your Taxi that governs the processing of payments made via the Curb Platform. The Rider Payment will be treated as if paid to you directly by a Rider and you agree to charge the Rider Payment to the Rider at the amount displayed by Uber as your limited pricing agent. Either party may revoke this appointment by terminating this Agreement; such revocation will be effective after final settlement of all outstanding liabilities under this Agreement.
If you believe in good faith that there was an error or route change that requires adjustment to the Fare, you can report that by contacting Curb. Uber will engage with Curb in good faith to review the issue and may make adjustments after evaluating the issue. Any adjustments will be remitted to Curb for further remittance as stated above. In addition, in our good faith discretion, Uber may adjust, cancel, or refund in its entirety a Fare if Uber determines that a Fare was remitted for a trip that did not occur.
The Uber Platform provides you with a system for delivering receipts to your Riders. After completing a Ride, the receipt will be electronically delivered to your Rider. It includes certain information about you and that Ride, including your details and a map of the route taken.
You are required to follow applicable law regarding your tax registration, calculation and remittance obligations for your Rides. You are responsible for taxes on your own income.
Uber may collect and disclose personal data from or about you when you accept an Uber Platform Ride Request and as otherwise described in our Privacy Notice. Notwithstanding anything herein to the contrary, the collection, use, and disclosure of such personal data will be made in accordance with our Privacy Notice; provided that, Uber will not use any data collected pursuant to this Program for marketing purposes.
You acknowledge and agree that by offering or accepting, as applicable, Uber Platform Ride Requests, you may have access to or may be exposed to, directly or indirectly, confidential information of Uber or third parties (“Confidential Information”), including Rider User Information. Confidential Information does not include any information that: (a) was in your lawful possession prior to the disclosure, as clearly and convincingly corroborated by written records, and had not been obtained by you either directly or indirectly from Uber; (b) is lawfully disclosed to you by a third party without actual, implied or intended restriction on disclosure through the chain of possession, or (c) is independently developed by you without the use of or access to the Confidential Information, as clearly and convincingly corroborated by written records.
You acknowledge and agree that: (a) all Confidential Information shall remain the exclusive property of Uber; and (b) you shall not use Confidential Information of Uber for any purpose except in furtherance of accepting and fulfilling Uber Platform Ride Requests or to comply with a legal obligation.
The unauthorized use or disclosure of any Confidential Information would cause irreparable harm and significant damages, the degree of which may be difficult to ascertain. Accordingly, Uber has the right to seek immediate equitable relief to enjoin any unauthorized use or disclosure of Confidential Information disclosed by you, in addition to any other rights or remedies described in these Terms, applicable law or otherwise.
11. Intellectual Property
Uber reserves all rights not expressly granted by these Terms. All data provided to you when you receive an Uber Platform Ride Request, including all intellectual property rights therein, are and remain Uber’s property and/or that of Uber’s licensors, as applicable. You shall not, and shall not allow any other party to: (a) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of Uber’s data; or (b) aggregate Uber’s data with competitors except as required by applicable law or regulation.
12. Disclaimers; Limitation of Liability; Indemnity
YOUR ABILITY TO RECEIVE UBER PLATFORM RIDE REQUESTS IS PROVIDED "AS IS" AND "AS AVAILABLE." UBER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATED TO THE UBER PLATFORM RIDE REQUESTS, OR THE OFFER OF UBER PLATFORM RIDE REQUESTS, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, UBER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF UBER PLATFORM RIDE REQUESTS, OR THAT THE UBER PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR (A) ACCEPTANCE OF UBER PLATFORM RIDE REQUESTS AND (B) ACCESS OR USE OF THE CURB PLATFORM, RELATIVE TO UBER, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
UBER IS NOT RESPONSIBLE FOR THE PRODUCTS AND SERVICES PROVIDED BY THIRD PARTIES, WHICH IN THIS CASE INCLUDES THE CURB PLATFORM OR THE VEHICLES THAT ARE USED TO FULFILL UBER PLATFORM RIDE REQUESTS OR ANY APPLICABLE PRODUCTS OR SERVICES, OR FOR THE TERMS AND CONDITIONS UNDER WHICH THE CURB PLATFORM AND TAXICAB SERVICES ARE OFFERED. UBER WILL NOT VERIFY AND CANNOT GUARANTEE THAT ALL INFORMATION IS ACCURATE, COMPLETE, OR CORRECT, NOR CAN UBER BE HELD RESPONSIBLE FOR ANY ERRORS (INCLUDING MANIFEST AND TYPOGRAPHICAL ERRORS), ANY INTERRUPTIONS (WHETHER DUE TO ANY (TEMPORARY AND/OR PARTIAL) BREAKDOWN, REPAIR, UPGRADE, OR MAINTENANCE OF OUR PLATFORM OR OTHERWISE).
UBER PROVIDES LEAD GENERATION AND RELATED SERVICES ONLY, AND MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE RIDERS WHO MAY REQUEST OR ACTUALLY RECEIVE RIDES FROM YOU. UBER DOES NOT SCREEN OR EVALUATE THESE RIDERS. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SAFETY, SECURITY, AND NON- INFRINGEMENT. UBER EXCLUDES ALL WARRANTIES TO THE EXTENT THOSE REGULATIONS ALLOW.
IF A DISPUTE ARISES BETWEEN YOU AND YOUR RIDERS OR ANY OTHER THIRD PARTY, YOU RELEASE UBER FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
UBER MAY USE ALGORITHMS IN AN ATTEMPT TO FACILITATE RIDES AND IMPROVE THE EXPERIENCE OF USERS AND THE SECURITY AND SAFETY OF OUR PLATFORM; ANY SUCH USE DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.
LIMITATION OF LIABILITY
UBER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM YOUR USE OF THE CURB PLATFORM, INCLUDING YOUR ACCEPTANCE OF UBER PLATFORM RIDE REQUESTS, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE CURB PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE CURB PLATFORM; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, INCLUDING CURB, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER’S REASONABLE CONTROL. IN NO EVENT SHALL UBER'S TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCEPTANCE OF UBER PLATFORM RIDE REQUESTS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500); PROVIDED, HOWEVER, UBER SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS OR USE OF THE CURB PLATFORM.
UBER DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE CURB PLATFORM (INCLUDING INFORMATION ON THE CURB PLATFORM PROVIDED BY USERS OR BY SHIPPERS).
To the maximum extent permitted by applicable law, you will indemnify, defend (at Uber’s option) and hold Uber and its affiliates and each of Uber and its respective officers, directors, employees, or agents harmless from and against all claims, liabilities, expenses (including reasonable attorney’s fees and related expenses), damages, penalties, fines, social security contributions and taxes owed by you and asserted by a third party and arising out of or related to your breach or alleged breach of these Terms, your provision of Rides, your acceptance of Uber Platform Ride Requests, or your interaction with any third party.
13. Acknowledgments; Miscellaneous Provisions
YOU ACKNOWLEDGE THAT UBER IS NOT RESPONSIBLE FOR YOUR ABILITY TO ACCESS THE CURB PLATFORM.
YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF UBER PLATFORM RIDE REQUESTS DOES NOT ESTABLISH UBER AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION OR PROPERTY CARRIER. UBER IS NOT A COMMON OR MOTOR CARRIER, DOES NOT PROVIDE TRANSPORTATION, AND USE OF THE UBER PLATFORM IS ONLY OPEN TO REGISTERED USERS OF THE UBER AND NOT TO THE GENERAL PUBLIC.
YOU ACKNOWLEDGE THAT INDEPENDENT TAXICAB SERVICE AND/OR TECHNOLOGY PROVIDERS, INCLUDING YOU AND CURB (AS APPLICABLE) ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF UBER IN ANY WAY, AND THAT UBER IS NOT AN ACTUAL AGENT, APPARENT AGENT, OSTENSIBLE AGENT, OR EMPLOYEE OR REPRESENTATIVE OF CURB IN ANY WAY.
YOU ALSO ACKNOWLEDGE THAT ANY SAFETY RELATED EFFORT, FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY UBER, IN THE INTEREST OF PUBLIC SAFETY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT), IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH A TAXICAB SERVICE AND/OR TECHNOLOGY PROVIDER.
Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
You may not assign these Terms without Uber's prior written approval. Uber may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists (other than as a limited payment agent under Section 8) between you, Uber or any third party as a result of these Terms or your acceptance of Uber Platform Ride Requests. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Uber's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Uber in writing.
14. Arbitration Provision
IMPORTANT: PLEASE REVIEW THIS ARBITRATION PROVISION CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH UBER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, EXCEPT AS PROVIDED BELOW. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS BELOW. THERE ARE AND/OR MAY BE LAWSUITS ALLEGING CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF AGAINST UBER. IF YOU DO NOT OPT OUT OF THIS ARBITRATION PROVISION AND THEREFORE AGREE TO ARBITRATION WITH UBER, YOU ARE AGREEING IN ADVANCE, EXCEPT AS OTHERWISE PROVIDED BELOW, THAT YOU WILL NOT PARTICIPATE IN AND, THEREFORE, WILL NOT SEEK OR BE ELIGIBLE TO RECOVER MONETARY OR OTHER RELIEF IN CONNECTION WITH, ANY SUCH CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, AND/OR REPRESENTATIVE LAWSUIT. THIS ARBITRATION PROVISION, HOWEVER, WILL ALLOW YOU TO BRING INDIVIDUAL CLAIMS IN ARBITRATION ON YOUR OWN BEHALF.
14.1 How This Arbitration Provision Applies
(a) This Arbitration Provision is a contract governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and evidences a transaction involving commerce, and you agree that this is not a contract of employment involving any class of workers engaged in foreign or interstate commerce within the meaning of Section 1 of the Federal Arbitration Act. If notwithstanding the foregoing, the Federal Arbitration Act does not apply to this Arbitration Provision, the law pertaining to arbitration agreements of the state where you reside when you entered into this Agreement shall apply. Except as it otherwise provides, this Arbitration Provision applies to any legal dispute, past, present or future, arising out of or related to your relationship with Uber or relationship with any of our agents, employees, executives, officers, investors, shareholders, affiliates, successors, assigns, subsidiaries, or parent companies (each of which may enforce this Arbitration Provision as third party beneficiaries), and termination of that relationship, and survives after the relationship terminates.
(b) This Arbitration Provision applies to all claims whether brought by you or Uber, except as provided below. This Arbitration Provision requires all such claims to be resolved only by an arbitrator through final and binding individual arbitration and not by way of court or jury trial. Except as provided below regarding the Class Action Waiver and Representative Action Waiver, such disputes include without limitation disputes arising out of or relating to the interpretation, application, formation, scope, enforceability, waiver, applicability, revocability or validity of this Arbitration Provision or any portion of this Arbitration Provision.
(c) Except as it otherwise provides, this Arbitration Provision also applies, without limitation, to: (i) disputes between you and Uber; (ii) disputes where you seek to recover from both Uber and third-party beneficiary Curb, including with respect to your claims against Curb; or (iii) disputes between you and any other entity or individual, arising out of or related to your ability to receive, your acceptance of, and/or your fulfillment of Uber Platform Ride Requests , your privacy, your contractual relationship with Uber or the termination of that relationship (including post-relationship defamation or retaliation claims), the nature of your relationship with Uber (including, but not limited to, any claim that you are our employee), trade secrets, workplace safety and health, unfair competition, compensation, minimum wage, expense reimbursement, overtime, breaks and rest periods, retaliation, discrimination, or harassment, and claims arising under the Telephone Consumer Protection Act, Fair Credit Reporting Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, 8 U.S.C. § 1324b (unfair immigration related practices), Americans With Disabilities Act, Age Discrimination in Employment Act, Fair Labor Standards Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, federal, state or local statutes or regulations addressing the same or similar subject matters, and all other federal, state or local statutory, common law and legal claims (including without limitation, torts) arising out of or relating to your relationship with Uber or the termination of that relationship. This Arbitration Provision also applies to all incidents or accidents resulting in personal injury to you or anyone else that you allege occurred in connection with your acceptance and fulfillment of Uber Platform Ride Requests, regardless whether you allege that the personal injury was experienced by you or anyone.
14.2 Limitations On How This Arbitration Provision Applies
(a) To the extent required by applicable law not preempted by the Federal Arbitration Act, nothing in this Arbitration Provision prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Likewise, to the extent required by applicable law not preempted by the Federal Arbitration Act, nothing in this Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. To the extent required by applicable law not preempted by the Federal Arbitration Act, this Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Provision.
(b) Where you allege claims of sexual assault or sexual harassment, you may elect to bring those claims on an individual basis in a court of competent jurisdiction instead of arbitration. We agree to honor your election of forum with respect to your individual sexual harassment or sexual assault claim but in so doing do not waive the enforceability of this Arbitration Provision as to any other provision (including but not limited to Section 14.4—Class Action Waiver—which will continue to apply in court and arbitration), controversy, claim or dispute.
(c) To the extent an Act of Congress or applicable federal law not preempted by the Federal Arbitration Act provides that a particular claim or dispute may not be subject to arbitration, such claim or dispute is excluded from the coverage of this Arbitration Provision. Likewise, if the Federal Arbitration Act does not apply to a claim or dispute, any claims or disputes that may not be subject to arbitration under applicable state arbitration law will be excluded from the coverage of this Arbitration Provision.
(d) Impact on Pending Litigation: This Arbitration Provision shall not affect your standing with respect to any litigation against Uber brought by you or on your behalf that is pending in a state or federal court or arbitration as of the date of your receipt of this Arbitration Provision (“pending litigation”). Therefore:
- If you are or previously received Uber Platform Ride Requests, and at the time of your receipt of these Terms you were not bound by an existing arbitration agreement with Uber, you shall remain eligible to participate in any pending litigation to which you were a party or putative class, collective or representative action member regardless of whether you opt out of this Arbitration Provision.
- If, at the time of your receipt of these Terms, you were bound by an existing arbitration agreement with Uber, that arbitration agreement will continue to apply to any pending litigation, even if you opt out of this Arbitration Provision.
- If, at the time of your receipt of these Terms, you were not previously receiving Uber Platform Ride Requests, then this Arbitration Provision will apply to covered claims and any pending litigation unless you opt out of this Arbitration Provision as provided below.
(e) Either party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Provision may be rendered ineffectual.
14.3 Governing Rules, Starting The Arbitration, And Selecting The Arbitrator
(a) For claims involving use of the Platform and Driver App in California: The ADR Services, Inc. Arbitration Rules (“ADR Rules”) will apply to arbitration under this Arbitration Provision; however, if there is a conflict between the ADR Rules and this Arbitration Provision, including but not limited to whether any arbitration may proceed on an individual basis, this Arbitration Provision shall govern. The ADR Rules are available by, for example, searching Google.com to locate “ADR Services, Inc. Rules,” or by clicking here: https://www.adrservices.com/services/arbitration-rules/. If, for any reason, ADR Services, Inc. will not administer the arbitration and the parties cannot mutually agree on a neutral arbitration provider, either party may invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction appoint an arbitration provider with operations in California. Any arbitration provider appointed by a court under 9 U.S.C. § 5 shall conduct arbitration solely on an individualized basis. Once an arbitration provider is appointed under 9 U.S.C. § 5, or the parties mutually agree upon a neutral arbitration provider, the ensuing arbitration shall commence pursuant to the rules of the designated arbitration provider; however, if there is a conflict between the rules of the designated arbitration provider and this Arbitration Provision, including but not limited to whether any arbitration may proceed on an individual basis, this Arbitration Provision shall govern.
(b) For claims involving use of the Platform and Driver App outside California: The parties shall be required to meet and confer to select a neutral arbitration provider. Such an arbitration provider shall have operations in the state in which the dispute arises. If the parties are unable to mutually agree upon an arbitration provider, then either party may invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction appoint an arbitration provider with operations in the state in which the dispute arises. Any arbitration provider appointed by a court under 9 U.S.C. § 5 shall conduct arbitration solely on an individualized basis. Once the parties mutually agree upon a neutral arbitration provider, or an arbitration provider is appointed under 9 U.S.C. § 5, the ensuing arbitration shall commence pursuant to the rules of the designated arbitration provider; however, if there is a conflict between the rules of the designated arbitration provider and this Arbitration Provision, including but not limited to whether any arbitration may proceed on an individual basis, this Arbitration Provision shall govern.
(c) Prior to commencing arbitration with the applicable arbitration provider, the party bringing the claim in arbitration must first demand arbitration in writing within the applicable statute of limitations period. The demand for arbitration shall include identification of the parties (including, if you are bringing the claim, the phone number and email address associated with your driver account, and the city in which you reside), a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought and the amount in controversy. Any demand for arbitration made to Uber shall be sent to Uber Technologies, Inc., Attn: Legal Department, 1515 3rd Street, San Francisco, CA 94158, or served upon Uber’s registered agent for service of process, c/o Uber Technologies, Inc. (the name and current contact information for the registered agent in each state are available online here). Any demand for arbitration made to you shall be sent via electronic email to the email address associated with your driver account.
(d) The parties agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before the arbitration demand is submitted to the applicable arbitration provider, the party bringing the claim shall first attempt to informally negotiate with the other party, in good faith, a resolution of the dispute, claim or controversy between the parties for a period of 60 days (“negotiation period”), unless extended by mutual agreement of the parties. During the negotiation period, any otherwise applicable statute of limitations shall be tolled. In connection with informal negotiations during the negotiation period, the parties shall participate telephonically or in person in at least one informal dispute resolution conference. All informal dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal dispute resolution conference. If either party is represented by counsel, that party’s counsel may participate in the informal dispute resolution conference, but the party also must appear at and participate in the conference. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing individual arbitration. If the parties cannot reach an agreement to resolve the dispute, claim or controversy within the negotiation period, the party bringing the claim shall submit the arbitration demand to the applicable arbitration provider.
(e) To commence arbitration following the conclusion of the informal dispute resolution process required by Section 14.3(d), the party bringing the claim must file the written demand for arbitration with the applicable arbitration provider and serve a copy of the demand for arbitration on Uber as set forth in Section 14.3(c) and by email to any counsel who represented Uber in the informal dispute resolution process. By filing the arbitration demand with the applicable arbitration provider, the party bringing the claim in arbitration certifies that the demand complies with Rule 11 of the Federal Rules of Civil Procedure and any applicable state law equivalent.
(f) If the parties reach agreement on an arbitrator not affiliated with the applicable arbitration provider or to use procedures either not specified in or in lieu of the applicable arbitration provider’s rules (as modified by this Arbitration Provision), any such agreement shall be memorialized in writing before arbitration is commenced. If the parties are unable to agree upon an arbitrator after a good faith meet and confer effort, then the applicable arbitration provider will appoint the arbitrator in accordance with its rules. The arbitrator will be selected from the applicable arbitration provider’s roster of arbitrators. Any arbitrator selected must be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted with experience in the law underlying the dispute.
(g) Delivering a written arbitration demand to the other party will not relieve the party bringing the claim of the obligation to commence arbitration as described above. It shall always be the obligation of the party bringing the claim to commence arbitration.
(h) Mass arbitration dispute procedure: If 20 or more arbitration demands of a substantially similar nature are initiated against you or Uber within a 180-day period by the same law firm or collection of law firms that represents the other party (“mass arbitration demands”), the following procedure shall apply. At the request of either party, an arbitrator shall be selected pursuant to the applicable arbitration provider’s rules for selection of an arbitrator to act as a special master (“Special Master”) to resolve threshold disputes regarding the propriety of some or all the mass arbitration demands. These threshold disputes may include, but are not limited to:
- any dispute regarding filing fees owed with respect to the mass arbitration demands, including whether claimants have submitted valid fee waivers;
- any dispute regarding whether the applicable arbitration provider has complied with the Arbitration Provision with respect to processing and administering the mass arbitration demands;
- any dispute regarding whether the mass arbitration demands meet the requirements set forth in Section 14.3(c) or (e) above;
- any dispute regarding whether the demands have complied with all conditions precedent to commencing arbitration, including compliance with the informal dispute resolution process described in Section 14.3(d) above;
- any dispute regarding whether claimants have ever had a driver account;
- any dispute regarding whether claimants are barred from proceeding with their claims based on a prior settlement agreement or expiration of the statute of limitations;
- any dispute relating to representation of the same claimant by multiple law firms;
- any dispute regarding whether the mass arbitration demands were filed with the correct arbitration provider;
- any dispute regarding whether the mass arbitration demands violate Rule 11 of the Federal Rules of Civil Procedure and/or any applicable state law equivalent; and
- any other dispute or issue regarding the equitable and efficient initial case management of the mass arbitration demands, including, but not limited to, the timing and/or sequence of payment of any remaining filing or administrative fees or costs related to the mass arbitration demands.
Any request to appoint a Special Master pursuant to this procedure must be submitted in writing to the applicable arbitration provider, with a copy to the other party, within fifteen (15) days after filing and service (as described in Section 14.3(e)) of any arbitration demand that qualifies as part of the same group of mass arbitration demands within the meaning of this Section 14.3(h) (i.e., 20 or more arbitration demands of a substantially similar nature initiated within a 180 day period by the same law firm or collection of law firms. Mass arbitration demands initiated by a different law firm or collection of law firms shall be considered a separate group of mass arbitration demands and shall be administered separately). For the sake of clarity, the request to appoint a Special Master need not be submitted in response to the first arbitration demand that triggers the mass arbitration dispute procedure (i.e., the 20th demand), and the request is subject only to the limitations set forth in this Section 14.3(h).
Except as provided below, during the fifteen (15) day period following the filing and service of any arbitration demand that qualifies as part of the same group of mass arbitration demands, the arbitration provider shall refrain from further processing of any demands that are part of the same group of mass arbitration demands, and no further payment (i.e., other than amounts required to be paid by the party initiating arbitration at the time the arbitration demand is filed) for filing fees, administrative fees or costs, or Arbitrator fees shall be deemed due with respect to those demands. A party’s decision not to invoke this procedure in response to a particular arbitration demand shall not constitute a waiver of any defense to any arbitration demand. Likewise, a party’s decision not to invoke this procedure in response to a particular demand will not preclude the same party from later invoking this procedure in response to any other arbitration demand, including one that qualifies as part of the same group of mass arbitration demands as an earlier-filed demand.
The written request to appoint a Special Master must specify the arbitration demands and threshold disputes that will be submitted to the Special Master.
Upon the request of either party to appoint a Special Master to resolve the foregoing issues, the applicable arbitration provider shall refrain from further processing any of the mass arbitration demands as to which a dispute has been raised. Except for the filing fees, administrative fees or costs, or arbitrator fees that have already been assessed by the arbitration provider at the time the request to appoint a Special Master is made, no payment for filing fees, administrative fees or costs, or arbitrator fees shall be deemed due with respect to any of the mass arbitration demands as to which a dispute has been raised until after the dispute(s) has/have been resolved by the Special Master. Notwithstanding the foregoing, Uber shall be responsible for and agrees to pay the applicable arbitration provider’s and Special Master’s fees and costs related to the proceedings before the Special Master.
If timely requested by either party, any arbitration demand that is part of the same group of mass arbitration demands and to which a dispute has been raised shall be included as part of the same Special Master matter, even if a Special Master matter is already pending at the time that arbitration demand is filed, except that (i) a demand cannot be included if an arbitrator has already been selected for that individual demand as provided in Section 14.3(f); and (ii) a demand that might otherwise be considered part of the same group of mass arbitration demands that is filed after proceedings before a Special Master have concluded shall be considered part of a different group of mass arbitration demands.
A Special Master appointed pursuant to this procedure may award any party any appropriate remedy to which that party is entitled under applicable law (including, but not limited to, as set forth in Section 14.7) with respect to the issues presented to and decided by the Special Master, but shall have no authority to consolidate cases or decide issues related to the merits of the dispute or any other issue except as specified above. After proceedings before the Special Master have concluded, to the extent any of the mass arbitration demands are permitted to proceed, all such demands shall proceed on an individual basis only, and the applicable arbitration provider must administer them individually in accordance with the applicable arbitration provider’s rules and this Arbitration Provision.
(i) All claims in arbitration are subject to the same statutes of limitation that would apply in court. The arbitrator (which includes the Special Master, as applicable) shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration, except that the statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by Section 14.3(d).
(j) Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Provision, including without limitation any claim that all or part of this Arbitration Provision is void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues. However, only a court of competent jurisdiction, and not an arbitrator, shall have exclusive authority to resolve any and all disputes arising out of or relating to the Class Action Waiver and/or Representative Action Waiver—including, but not limited to, any claim that all or part of the Class Action Waiver and/or Representative Action Waiver is unenforceable, unconscionable, illegal, void, or voidable, or that a breach of either such Waiver has occurred.
14.4 Class Action Waiver
(a) This Arbitration Provision affects your ability to participate in class, collective, coordinated, or consolidated actions. Both Uber and you agree that any and all disputes or claims between the parties shall be resolved only in individual arbitration, and not on a class, collective, coordinated, or consolidated basis on behalf of others. There will be no right or authority for any dispute (whether brought by you or Uber, or on your or our behalf) to be brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, or consolidated action, or for you or Uber to participate as a member in any such class, collective, coordinated, or consolidated proceeding. Neither an arbitrator nor an arbitration provider shall have authority to hear, arbitrate, or administer any class, collective, coordinated, or consolidated action, or to award relief to anyone but the individual in arbitration.
(b) Notwithstanding any other provision of this Arbitration Provision or the applicable arbitration provider’s rules, this Class Action Waiver does not prevent you or Uber from participating in a classwide, collective, coordinated, or consolidated settlement of claims.
(c) This Class Action Waiver does not and shall not be construed to preclude the mass arbitration dispute procedure set forth in Section 14.3(h).
(d) The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining or consolidating the claims of multiple individuals against Uber in a single proceeding. If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (1) any class, collective, coordinated, or consolidated action subject to the enforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (2) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (3) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Provision; and (4) the severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Provision or the arbitrability of any remaining claims asserted by you or Uber.
14.5 Representative Action Waiver
(a) This Arbitration Provision affects your ability to participate in representative actions. To the maximum extent provided by law, both Uber and you agree that any and all disputes or claims between the parties shall be resolved only in individual arbitration, and not on a representative basis. The parties expressly waive their right to have any dispute or claim brought, heard, administered, resolved, or arbitrated as a representative action, or to participate in any representative action, including but not limited to claims brought under any state’s Private Attorneys General Act. The parties also expressly waive their right to seek, recover, or obtain any non-individual relief. There will be no right or authority for any dispute (whether brought by you or Uber, or on your or our behalf) to be brought, heard, administered, or arbitrated as a representative action, or for you or Uber to participate as a member in any such representative proceeding.
(b) Notwithstanding any other provision of this Arbitration Provision or the applicable arbitration provider’s rules, this Representative Action Waiver does not prevent you or Uber from participating in a representative settlement of claims.
(c) This Representative Action Waiver does not and shall not be construed to preclude the mass arbitration dispute procedure set forth in Section 14.3(h).
(d) If there is a final judicial determination that any portion of this Representative Action Waiver is unenforceable or unlawful for any reason, (1) any representative claim subject to the enforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (2) the portion of the Representative Action Waiver that is enforceable shall be enforced in arbitration; (3) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Provision; and (4) the severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Provision or the arbitrability of any remaining claims asserted by you or Uber.
(e) Disputes regarding the nature of your relationship with Uber (including, but not limited to, any claim that you are an employee of Uber), as well as any claim you bring on your own behalf as an aggrieved worker for recovery of underpaid wages or other individualized relief (as opposed to a representative claim for civil penalties) are arbitrable and must be brought in arbitration on an individual basis only, as required by this Arbitration Provision. You agree that any representative claim that is permitted to proceed in a civil court of competent jurisdiction must be stayed pending the arbitration of your dispute regarding the nature of your relationship with Uber and any claim you bring on your own behalf for individualized relief.
14.6 Paying For The Arbitration
(a) Except in the case of offers of judgment (such as under Federal Rule of Civil Procedure 68 or any applicable state law equivalents, which apply to arbitrations under this Arbitration Provision as set forth in Section 14.6(d) below), each party will pay the fees for its, his or her own attorneys and any costs that are common to both court and arbitration proceedings (such as court reporter costs and transcript fees), subject to any remedies to which that party may later be entitled under applicable law.
(b) Each party shall follow the applicable arbitration provider’s rules applicable to initial arbitration filing fees, except that your portion of any initial arbitration filing fee shall not exceed the amount you would be required to pay to initiate a lawsuit in federal court in the jurisdiction where the arbitration will be conducted. To the extent a fee waiver is sought, it must include all information and be submitted in the appropriate form required by applicable law. Except as specified in the mass arbitration dispute procedure set forth in Section 14.3(h), after (and only after) you have paid your portion of any initial arbitration filing fee, we will make up the difference, if any, between the fee you have paid and the amount required by the applicable arbitration provider’s rules.
(c) In all cases where required by applicable law not preempted by the FAA, we will pay the arbitrator's fees, as well as all fees and costs uniquely associated with arbitration (such as room rental). Otherwise, such fee(s) will be apportioned between the parties in accordance with said applicable law and this Arbitration Provision, and any disputes in that regard will be resolved by the arbitrator (which includes the Special Master, as applicable). You agree to not oppose any negotiations between the applicable arbitration provider and Uber relating only to our fees.
(d) At least 10 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the arbitration. If an offer made by Uber is not accepted by you, and you fail to obtain a more favorable award, you shall not recover your post-offer costs and shall pay Uber’s costs from the time of the offer.
14.7 The Arbitration Hearing And Award
(a) Within 30 days of the close of the arbitration hearing, any party will have the right to prepare, serve on the other party and file with the arbitrator a brief. The arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the arbitrator.
(b) The arbitrator shall apply applicable controlling law and will issue a decision or award in writing, stating the essential findings of fact and conclusions of law.
(c) Under no circumstances is the arbitrator bound by decisions reached in separate arbitrations. The arbitrator’s decision, including any decision by a Special Master (as applicable), shall be binding only upon the parties to the arbitration that are the subject of the decision.
(d) The arbitrator shall award reasonable costs incurred in the arbitration to the prevailing party in accordance with the law(s) that applies to the case.
(e) The arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law equivalent.
(f) A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration. The arbitrator’s findings of fact and conclusions of law shall not be binding or have any preclusive effect on any other arbitration, except as specified in and limited by Section 14.3(h).
14.8 Your Right To Opt Out Of This Arbitration Provision
(a) Agreeing to this Arbitration Provision is not a mandatory condition of your contractual relationship with Uber. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision (subject to the pending litigation provision in Section 14.2, and the limitations set forth in this Section 14.8). To do so, within 30 days of the date that this Agreement is electronically accepted by you, you must send an electronic email from the email address associated with your driver account to email@example.com, stating your intent to opt out of this Arbitration Provision, as well as your name, TLC license number, and the city in which you reside.
(b) An email sent by your agent or representative (including your counsel) shall not be effective. Your email may opt out yourself only, and any email that purports to opt out anyone other than yourself shall be void as to any others. Should you not opt out of this Arbitration Provision within the 30-day period, you and Uber shall be bound by the terms of this Arbitration Provision. You will not be subject to retaliation if you exercise your right to opt out of this Arbitration Provision.
(c) Any opt out of this Arbitration Provision does not affect the validity of any other arbitration agreement between you and Uber. If you opt out of this Arbitration Provision and at the time of your receipt of this Agreement you were bound by an existing agreement to arbitrate disputes arising out of or related to your use of our Platform and Driver App, that existing arbitration agreement will remain in full force and effect.
(d) Neither your acceptance of this Agreement nor your decision to opt out of this Arbitration Provision will affect any obligation you have to arbitrate disputes not specified in this Arbitration Provision pursuant to any other agreement you have with Uber or any of our subsidiaries or affiliate entities. Likewise, your acceptance of or decision to opt out of any other arbitration agreement you have with Uber or any of our subsidiaries or affiliate entities shall not affect any obligation you have to arbitrate claims pursuant to this Arbitration Provision.
14.9 Enforcement Of This Arbitration Provision. You have the right to consult with counsel of your choice concerning this Arbitration Provision and to be represented by counsel at any stage during the arbitration process. Except as provided in Sections 14.2 and 14.8 of this Arbitration Provision, and/or unless this Arbitration Provision is deemed invalid, unenforceable, or inapplicable, this Arbitration Provision replaces prior agreements regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. This Arbitration Provision will survive the termination of your relationship with Uber, and it will continue to apply if your relationship with Uber is ended but later renewed.