U.S. Terms of Use / Jurisdiction California

1. Contractual Relationship
Shipmates.Biz provides a personalized multipurpose digital marketplace platform (“
Shipmates.biz platform”) that enables you to conveniently find, request, or receive
transportation, logistics and/or delivery services from third-party providers that meet your
needs and interests. These Terms of Use (“Terms”) govern your access or use, from within
the United States and its territories and possessions, of the Shipmates.Biz Platform and any
related content or services (collectively, the “Services,” as more fully defined below in
Section 3) made available in the United States and its territories and possessions by
Shipmates.biz and its subsidiaries, representatives, affiliates, officers and directors
(collectively, “Shipmates.Biz”). PLEASE READ THESE TERMS CAREFULLY, AS THEY
CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SHIPMATES.BIZ In these
Terms, the words “including” and “include” mean “including, but not limited to.”
By accessing or using the Services, you confirm your agreement to be bound by these
Terms. If you do not agree to these Terms, you may not access or use the Services. These
Terms expressly supersede prior agreements or arrangements with you regarding the use of
the Services.
Notwithstanding the foregoing, these Terms do not supersede or otherwise impact the
enforceability of any agreements you may have with Shipmates.biz or its subsidiaries
regarding driving, delivering and/or providing transportation and/or delivery services (e.g.,
the Platform Access Agreement, the Technology Services Agreement and/or any similar
agreements). To the extent (but only to the extent) any agreement you may have with
Shipmates.Biz driving, delivering and/or providing transportation and/or delivery services
conflicts with these Terms, those agreements (and not these Terms) will prevail with respect
to any disputes arising from you driving, delivering and/or providing transportation and/or
delivery services.
Shipmates.biz may immediately terminate these Terms or any Services with respect to you,
or generally cease offering or deny access to the Services or any portion thereof, at any time
for any reason.
IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS
THAT GOVERN HOW CLAIMS BETWEEN YOU AND SHIPMATES. BIZ CAN BE
BROUGHT, INCLUDING THE ARBITRATION AGREEMENT (SEE SECTION 2 BELOW).
PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW CAREFULLY, AS IT
REQUIRES YOU TO RESOLVE ALL DISPUTES WITH UBER ON AN INDIVIDUAL BASIS
AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION (AS
DESCRIBED IN SECTION 2 BELOW). BY ENTERING INTO THIS AGREEMENT, YOU
EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE
TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE
CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain options or offers available through the Services,
such as policies for a particular ride or logistics option (e.g., Uber Connect), event, program,
activity, or promotion. Such supplemental terms will be disclosed to you in connection with
the applicable option or offer. Supplemental terms are in addition to, and shall be deemed a
part of, the Terms for the purposes of the applicable option or offer. Supplemental terms shall
prevail over these Terms in the event of a conflict with respect to the applicable option or
offer.
Shipmates.biz may make changes to these Terms from time to time. If shipmates.biz makes
changes, it will provide you with notice of such changes, such as by sending an email,
providing a notice through the Services, or updating the date at the top of these Terms.
Unless shipmates.biz says otherwise in its notice, the amended Terms will be effective
immediately and your continued access to and use of the Services after shipmates. Biz
provides such notice will confirm your acceptance of the changes. If you do not agree to the
amended Terms, you must stop accessing and using the Services.
Shipmates.biz collection and use of personal information in connection with the Services is
described in Shipmates.Biz Privacy Notice located at https://www.uber.com/privacy/notice.
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may
have against Shipmates.biz on an individual basis in arbitration as set forth in this Arbitration
Agreement, and not as a class, collective, coordinated, consolidated, mass and/or
representative action. This Arbitration Agreement will preclude you from bringing any class,
collective, coordinated, consolidated, mass and/or representative action against
Shipmates.biz, and also preclude you from participating in or recovering relief in any current
or future class, collective, coordinated, consolidated, mass and/or representative action
brought against Shipmates.biz by someone else—except as provided below in Section
2(a)(3)(c). Thus, the parties agree that the Arbitrator shall not conduct any form of class,
collective, coordinated, consolidated, mass and/or representative arbitration, nor join,
coordinate, or consolidate claims of multiple individuals against Shipmates.biz in a single
proceeding—except as provided below in Section 2(a)(3)(c). For the avoidance of doubt,
except as provided below in Section 2(a)(3)(c), this Arbitration Agreement precludes you
from bringing or participating in any kind of class, collective, coordinated, consolidated, mass
and/or representative or other kind of group, multi-plaintiff or joint action against
Shipmates.biz other than participating in a classwide, collective, coordinated, consolidated,
mass and/or representative settlement of claims.
(a) Agreement to Binding Arbitration Between You and Shipmates. Biz
(1) Covered Disputes: Except as expressly provided below in Section 2(b), you and
Shipmates.biz agree that any dispute, claim, or controversy in any way arising out of or
relating to (i) these Terms and prior versions of these Terms, or the existence, breach,
termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to
or use of the Services at any time; (iii) incidents or accidents resulting in personal injury to
you or anyone else that you allege occurred in connection with your use of the Services
(including, but not limited to, your use of the Shipmates.biz Marketplace Platform or the
driver version of the Shipmates.biz), regardless whether the dispute, claim, or controversy
occurred or accrued before or after the date you agreed to the Terms, and regardless
whether you allege that the personal injury was experienced by you or anyone else; and (iv)
your relationship with Shipmates.biz, will be settled by binding individual arbitration between
you and Shipmates.biz and not in a court of law. This Arbitration Agreement survives after
your relationship with Shipmates.biz ends.
(2) Class Action Waiver: You acknowledge and agree that any and all disputes, claims, or
controversies between the parties shall be resolved only in individual arbitration. The parties
expressly waive the right to have any dispute, claim, or controversy brought, heard,
administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or
representative action, and neither an arbitrator nor an arbitration provider shall have any
authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated,
and/or representative action, or to award relief to anyone but the individual in arbitration. The
parties also expressly waive the right to seek, recover, or obtain any non-individual relief.
Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent
you or Shipmates.biz from participating in a classwide, collective, and/or representative
settlement of claims.
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, coordinating, or consolidating the claims of multiple individuals against shipmates.biz
in a single proceeding, except that this Class Action Waiver shall not prevent you or
shipmates.biz from participating in a classwide, collective, and/or representative settlement
of claims. If there is a final judicial determination that any portion of this Class Action Waiver
is unenforceable or unlawful for any reason, (i) any class, collective, coordinated,
consolidated, and/or representative claims subject to the unenforceable or unlawful
portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class
Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or
unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of
the unenforceable or unlawful portion(s) shall have no impact whatsoever on the
enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any
remaining claims asserted by you or Shipmates.biz.
(3) Mass Actions:
a. Mass Action Waiver: You acknowledge and agree that any and all disputes, claims, or
controversies between the parties shall be resolved only in individual arbitration. The parties
expressly waive the right to have any dispute, claim, or controversy brought, heard,
administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an
arbitration provider shall have any authority to hear, arbitrate, or administer any mass action
or to award relief to anyone but the individual in arbitration—except as provided below in
Section 2(a)(3)(c). The parties also expressly waive the right to seek, recover, or obtain any
non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is
not limited to, instances in which you or Uber are represented by a law firm or collection of
law firms that has filed 50 or more arbitration demands of a substantially similar nature
against the other party within 180 days of the arbitration demand filed on your or
Shipmates.biz’s behalf, and the law firm or collection of law firms seeks to simultaneously or
collectively administer and/or arbitrate all the arbitration demands in the aggregate.
Notwithstanding anything else in this agreement, this Mass Action Waiver does not prevent
you or Shipmates.biz from participating in a mass settlement of claims.
b. Dispute Procedure: Notwithstanding any provision to the contrary in the applicable
arbitration provider’s rules, the arbitrator shall be empowered to determine whether the party
bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either
party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its
arising. If such a dispute arises before an arbitrator has been appointed, the parties agree
that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning
whether the party bringing any claim has filed a Mass Action in violation of the Mass Action
Waiver. Each party shall select one arbitrator from the arbitration provider’s roster to serve
as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the
parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the
third arbitrator; (ii) Uber shall pay any administrative fees or costs incidental to the
appointment of Arbitrators under this provision, as well as any fees or costs that would not
be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as
room rental; (iii) the arbitrators shall issue a written decision with findings of fact and
conclusions of law; and (iv) any further arbitration proceedings or assessment of
arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’
dispute. If the arbitrator or panel of arbitrators determines that you have violated the Mass
Action Waiver, the parties shall have the opportunity to opt out of arbitration within 30 days of
the arbitrator’s or panel of arbitrator’s decision. You may opt out of arbitration by providing
written notice of your intention to opt out to the arbitration provider and to Shipmates. Biz.
This written notice must be signed by you, and not any attorney, agent, or other
representative of yours. Shipmates.biz may opt out of arbitration by sending written notice of
its intention to opt out to the arbitration provider and to you or your attorney, agent, or
representative if you are represented. For the avoidance of doubt, the ability to opt out of
arbitration described in this Section 2(a)(3)(b) only applies if the arbitrator or panel of
arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed
with arbitration, the parties agree that arbitrations will be batched as provided in Section
2(a)(3)(c) below.
c. Batching:
i. To increase efficiency of resolution in the event a Mass Action is filed and neither party
exercises its right to opt out of arbitration pursuant to Section 2(a)(3)(b) above, the following
procedure shall apply. At the request of either party, an arbitrator shall be selected according
to the applicable arbitration provider’s rules to act as a special master (“Special Master”) to
resolve threshold disputes regarding the propriety of some or all the arbitration demands
submitted in the Mass Action (“Mass Arbitration Demands”). These threshold disputes may
include, but are not limited to:
1. Any dispute regarding filing fees owed with respect to the Mass Arbitration Demands,
including whether claimants have submitted valid fee waivers;
2. Any dispute regarding whether the applicable arbitration provider has complied with the
Arbitration Agreement with respect to processing and administering the Mass Arbitration
Demands;
3. Any dispute regarding whether the Mass Arbitration Demands meet the requirements set
forth in Section 2(d) below;
4. Whether claimants are barred from proceeding with their claims based on a prior
settlement agreement, violation of these Terms, or expiration of the statute of limitations;
5. Any dispute relating to representation of the same claimant by multiple law firms;
6. Any dispute regarding whether the Mass Arbitration Demands were filed with the correct
arbitration provider;
7. Any dispute regarding discovery common to all claims; and
8. Any disputes regarding legal or factual issues common to all claims.
Any such request shall be made within 15 days following the expiration of the opt-out period
described in Section 2(a)(3)(b), and may be made by providing written notice to the
arbitration provider. 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 to which a dispute has been raised. No further
payment for filing fees, administrative 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. Shipmates.biz shall be
responsible for the applicable arbitration provider’s and Special Master’s fees and costs
related to the proceedings before the Special Master.
A Special Master appointed pursuant to this procedure shall have no authority to consolidate
cases.
ii. After proceedings before the Special Master have concluded, to the extent any of the
Mass Arbitration Demands are permitted to proceed, the parties shall group the Mass
Arbitration Demands into batches of no more than 100 demands per batch by state of
residence, and then alphabetically by last name (plus, to the extent there are less than 100
arbitration demands left over after the batching described above, a final batch consisting of
the remaining demands), and shall inform the arbitration provider of the batches and their
compositions within 14 days of the conclusion of proceedings before the Special Master. The
arbitration provider shall treat each batch of claims as one case, with each case having one
demand for arbitration, one appointed arbitrator, and one set of administrative documents
and administrative and filing fees per batch. The parties shall randomly assign sequential
numbers to each batch, and only one batch shall proceed to arbitration at a time in the order
of the random sequential numbers. A separate arbitrator will be appointed to, and
administrative and filing fees assessed for, each batch as the batch proceeds to arbitration.
You agree to cooperate in good faith with shipmates.Biz and the arbitration provider to
implement such a batch approach to resolution and fees. Nothing in this provision shall be
construed as limiting the right to object that the filing or presentation of multiple arbitration
demands by or with the assistance of the same law firm or organization violates any term of
this Agreement.
iii. If any Mass Arbitration Demands were originally processed as individual arbitration
demands before this batching procedure was commenced, further proceedings, including the
assessment of further arbitration filing or administration fees to either party shall be
governed by the procedures set forth in this Section 2(a)(3).
(4) Delegation Clause: 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 Agreement,
including without limitation any claim that all or any part of this Arbitration Agreement is void
or voidable. An arbitrator shall also have exclusive authority to resolve all threshold
arbitrability issues, including issues relating to whether the Terms are applicable,
unconscionable, or illusory and any defense to arbitration, including without limitation waiver,
delay, laches, or estoppel. However, only a court of competent jurisdiction, and not an
arbitrator, shall have the exclusive authority to resolve any and all disputes arising out of or
relating to the Class Action Waiver and Mass Action Waiver, including, but not limited to, any
claim that all or part of the Class Action Waiver and/or Mass Action Waiver is unenforceable,
unconscionable, illegal, void, or voidable—except that, as stated and pursuant to the
procedures provided in Section 2(a)(3)(b), an arbitrator or panel of arbitrators shall have
authority to determine whether the party bringing any claim has violated the Mass Action
Waiver.
(5) Application to Third Parties: This Arbitration Agreement shall be binding upon, and shall
include any claims brought by or against any third parties, including but not limited to your
spouses, heirs, third-party beneficiaries and assigns, where their underlying claims arise out
of or relate to your use of the Services. To the extent that any third-party beneficiary to this
agreement brings claims against the Parties, those claims shall also be subject to this
Arbitration Agreement.
(b) Exceptions to Arbitration.
Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the
following claims: (i) individual claims brought in small claims court so long as the matter
remains in such court and advances only on an individual basis; (ii) individual claims of
sexual assault or sexual harassment occurring in connection with your use of the Services;
and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent
the actual or threatened infringement, misappropriation, or violation of a party’s copyrights,
trademarks, trade secrets, patents, or other intellectual property rights.
Such claims may be brought and litigated in a court of competent jurisdiction by you on an
individual basis only. On an individual basis means that you cannot bring such claims as a
class, collective, coordinated, consolidated, mass and/or representative action against
shipmates. Biz . For the avoidance of doubt, this precludes you from bringing claims as or
participating in any kind of any class, collective, coordinated, consolidated, mass and/or
representative or other kind of group, multi-plaintiff or joint action against shipmates.Biz and
no action brought by you may be consolidated or joined in any fashion with any other
proceeding. Where your claims are brought and litigated to completion on such an individual
basis in a court of competent jurisdiction, shipmates. Biz agrees to honor your election.
The parties’ agreement not to require arbitration in these limited instances does not waive
the enforceability of this Arbitration Agreement as to any other provision (including, but not
limited to, the waivers provided for in Section 2(a), which will continue to apply in court as
well as in arbitration), or the enforceability of this Arbitration Agreement as to any other
controversy, claim, or dispute.
(c) Rules and Governing Law.
For disputes arising in California, the arbitration will be administered by ADR Services, Inc.
(“ADR”) in accordance with ADR’s Arbitration Rules (the “ADR Rules”) in effect at the time
that the claim is brought, unless the parties agree otherwise in writing. The ADR Rules are
available at www.adrservices.com or by searching for “ADR Arbitration Rules” using a
service such as www.google.com or www.bing.com. The arbitration shall be heard by one
arbitrator (the “Arbitrator”) selected in accordance with the ADR Rules.
For disputes arising outside of California (or for disputes arising in California only if ADR
cannot or will not administer the arbitration), 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 as set forth in this Section 2. Once the
parties mutually agree upon a neutral arbitration provider, or an arbitrator provider is
appointed under 9 U.S.C. § 5, the ensuing arbitration shall commence pursuant to the rules
of the designated arbitration provider, except as designated herein. Once an arbitration
provider is agreed upon or appointed, an Arbitrator shall be appointed. The Arbitrator will 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. The Arbitrator will
be selected by the parties from the applicable arbitration provider’s roster of arbitrators. 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.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and
acknowledge that this Arbitration Agreement evidences a transaction involving interstate
commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its
interpretation and enforcement and proceedings pursuant thereto. It is the intent of the
parties to be bound by the provisions of the FAA for all purposes, including, but not limited
to, interpretation, implementation, enforcement, and administration of this Arbitration
Agreement, and that the FAA and the applicable arbitration provider’s rules shall preempt all
state laws to the fullest extent permitted by law. If the FAA and applicable arbitration
provider’s rules are found to not apply to any issue regarding the interpretation or
enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws
of the state where you reside when you accept these Terms.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting
in personal injury (including but not limited to sexual assault or harassment claims) that you
allege occurred in connection with your use of the Services, whether before or after the date
you agreed to the Terms, shall be governed by and construed in accordance with the laws of
the state in which the incident or accident occurred.
(d) Process.
Pre-Arbitration Dispute Resolution and Notification. 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 either party demands arbitration
against the other, we will personally meet and confer, via telephone or videoconference, in a
good-faith effort to resolve informally any claim covered by this Arbitration Agreement.
Multiple individuals initiating claims cannot participate in the same informal telephonic
dispute resolution conference. If you are represented by counsel, your counsel may
participate in the conference, but you shall also fully participate in the conference. The party
initiating the claim must give notice to the other party in writing of their intent to initiate an
informal dispute resolution conference, which shall occur within 60 days after the other party
receives such notice, unless an extension is mutually agreed upon by the parties. To notify
Uber that you intend to initiate an informal dispute resolution conference, write to
shipmates.biz providing your name, the telephone number(s) associated with your
shipmates.biz account (if any), the email address(es) associated with your shipmates.biz
account, and a description of your claim. Engaging in an informal dispute resolution
conference is a condition precedent that must be fulfilled before commencing arbitration, and
the Arbitrator shall dismiss any arbitration demand filed before completion of an informal
dispute resolution conference. The statute of limitations and any filing fee deadlines shall be
tolled while the parties engage in the informal dispute resolution process required by this
paragraph.
Initiating Arbitration. In order to initiate arbitration following the conclusion of the informal
dispute resolution process required by this Section, a party must provide the other party with
a written demand for arbitration and file the demand with the applicable arbitration provider,
as determined by Section 2(c). A party initiating an arbitration against Uber must send the
written demand for arbitration to Shipmates.biz. Additionally, a party initiating arbitration
against shipmates. Biz must send an electronic version of the demand for arbitration to the
Arbitration Provider, and must send an electronic version of the as-filed demand to
shipmates.biz@protonmail.me
By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge,
information, and belief, formed after an inquiry reasonable under the circumstances, that (i)
the demand for arbitration is not being presented for any improper purpose, such as to
harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii)
the claims and other legal contentions are warranted by existing law or by a nonfrivolous
argument for extending, modifying, or reversing existing law or for establishing new law; and
(iii) the factual contentions have evidentiary support or, if specifically so identified, will likely
have evidentiary support after a reasonable opportunity for further investigation or discovery.
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 for either party’s
violation of this requirement.
(e) Location.
Unless you and Uber otherwise agree, the arbitration will be conducted in the county where
you reside. Your right to a hearing will be determined by the applicable arbitration provider’s
rules. Subject to the applicable arbitration provider’s rules, the Arbitrator will have the
discretion to direct a reasonable exchange of information by the parties, consistent with the
expedited nature of the arbitration.
(f) Offers of Judgment.
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 one party is not accepted by the
other party, and the other party fails to obtain a more favorable award, the other party shall
not recover their post-offer costs and shall pay the offering party’s costs from the time of the
offer.
(g) Arbitrator’s Decision.
The Arbitrator will render an award within the time frame specified in the applicable
arbitration provider’s rules. Judgment on the arbitration award may be entered in any court of
competent jurisdiction. The Arbitrator may award declaratory or injunctive relief only in favor
of the claimant and only to the extent necessary to provide relief warranted by the claimant’s
individual claim. An Arbitrator’s decision shall be final and binding on all parties.
The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator’s
decision shall be binding only upon the parties to the arbitration that are the subject of the
decision.
The Arbitrator shall award reasonable costs incurred in the arbitration to the prevailing party
in accordance with the law(s) of the state in which arbitration is held.
(h) Fees.
With the exception of the provisions governing payment of arbitration costs set forth above,
your responsibility to pay any filing, administrative, and arbitrator fees will be solely as set
forth in the applicable arbitration provider’s rules and shall be up to the amount you would be
required to pay if you filed a claim in court.
If you have a gross monthly income of less than 300% of the federal poverty guidelines, you
are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. If you
believe that you meet the requirements to obtain a fee waiver, and your demand for
arbitration arises outside of California, then you may request a fee waiver only by submitting
to the arbitration provider AO 240, Application to Proceed in District Court Without Prepaying
Fees or Costs (found here), or a declaration under oath containing all the information
required by AO 240; if your demand for arbitration arises in California, then you must submit
a declaration under oath providing your monthly income and the number of persons in your
household.
Any and all disputes regarding a party’s obligation to pay any arbitration fees or costs that
arise after an arbitrator is appointed shall be determined solely by the arbitrator. If such a
dispute arises before an arbitrator has been appointed, and if no Special Master has been
requested by either party pursuant to section 2(a)(3)(c)(i) of these Terms, the parties agree
that (i) the due date for any disputed fees shall be stayed pending resolution of the parties’
dispute, (ii) a panel of three arbitrators shall be appointed to resolve the parties’ dispute
concerning a party’s obligation to pay fees or costs of arbitration, (iii) the panel of arbitrators
shall be appointed by each party selecting one arbitrator from the arbitration provider’s roster
to serve as neutral arbitrators, and these arbitrators shall appoint a third neutral arbitrator. If
the parties’ arbitrators cannot agree on a third arbitrator, the arbitration administrator will
select the third arbitrator, (iv) shipmates.biz shall pay any administrative fees or costs
incidental to the appointment of a panel of arbitrators under this provision, as well as any
fees or costs that would not be incurred in a court proceeding, such as payment of the fees
of the arbitrator(s), as well as room rental, and (v) the arbitrator(s) shall issue a written
decision with findings of fact and conclusions of law. If two or more fee disputes between a
claimant and Uber arise at or around the same time, the disputes may be consolidated for
resolution by a single arbitrator or panel of arbitrators either at the agreement of the parties
or the election of the party common to all such disputes.
(i) Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any
reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii)
severance of the unenforceable or unlawful provision shall have no impact whatsoever on
the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any
remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the
extent that any claims must therefore proceed on a class, collective, consolidated, or
representative basis, such claims must be litigated in a civil court of competent jurisdiction
and not in arbitration, and the parties agree that litigation of those claims shall be stayed
pending the outcome of any individual claims in arbitration.
3. The Marketplace Platform & Services
Of shipmates. Biz operates a personalized multipurpose digital marketplace platform that is
accessed in a number of forms, including mobile and/or web-based applications
(“Applications”). Among other things, the Uber Marketplace Platform enables you to discover
and receive: (i) services rendered by shipmates.biz that facilitate your requests to
independent third-party providers, including drivers and restaurants (“Third-Party Providers”),
for the purchase of services or goods, such as transportation, logistics and/or delivery
services from those Third-Party Providers; (ii) related personalized content, including
features, recommendations and advertisements for products or services tailored to your
needs and interests; and (iii) any supporting services, including payment processing and
customer support. The shipmates.biz Marketplace Platform, personalized content and
supporting services described in this Section are collectively referred to as “the Services.”
Unless otherwise agreed by Uber in a separate written agreement with you, the Services are
made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO REQUEST, AND IF APPLICABLE,
OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES FROM
THIRD-PARTY PROVIDERS IN CONNECTION WITH THE USE OF THE Shipmates.Biz
MARKETPLACE PLATFORM AND SERVICES DOES NOT ESTABLISH shipmates.biz AS A
PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A
TRANSPORTATION OR PROPERTY CARRIER.
Shipmates.biz IS NOT A COMMON OR MOTOR CARRIER, DOES NOT TRANSPORT
YOU, AND USE OF THE shipmates.biz MARKETPLACE PLATFORM IS ONLY OPEN TO
REGISTERED USERS OF THE shipmates.biz MARKETPLACE PLATFORM AND NOT TO
THE GENERAL PUBLIC.
YOU ACKNOWLEDGE THAT INDEPENDENT THIRD-PARTY PROVIDERS, INCLUDING
DRIVERS, ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS,
OR EMPLOYEES OF shipmates.biz IN ANY WAY.
YOU ALSO ACKNOWLEDGE THAT ANY SAFETY RELATED EFFORT, FEATURE,
PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY shipmates.biz
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 AN
INDEPENDENT THIRD-PARTY DRIVER.
License.
Subject to your compliance with these Terms, shipmates.biz grants you a limited,
non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use
the Applications on your personal device solely in connection with your use of the Services;
and (ii) access and use any content, information and related materials that may be made
available through the Services, in each case solely for your personal, noncommercial use.
Any rights not expressly granted herein are reserved by shipmates.biz and shipmates.biz’s
licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any
portion of the Services; (ii) reproduce, modify, prepare derivative works based upon,
distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit,
stream, broadcast or otherwise exploit the Services except as expressly permitted by
shipmates.biz (iii) decompile, reverse engineer or disassemble the Services except as may
be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v)
cause or launch any programs or scripts for the purpose of unduly burdening or hindering
the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain
unauthorized access to or impair any aspect of the Services or its related systems or
networks.
Third-Party Services and Content.
The Services may be made available or accessed in connection with third-party services and
content (including advertising) that Uber does not control. Once you click on a link to
third-party services or content, you will be subject to the terms and conditions and privacy
policy of that website, destination, or third-party service provider. Uber will not warn you that
you have left the Services or that you are subject to the terms and conditions (including
privacy policies) of another website, destination, or third-party service provider. You use all
links in third-party websites and advertisements at your own risk as these are not part of the
Services and are not controlled by Uber. You acknowledge that different terms of use and
privacy policies may apply to your use of such third-party services and content.
Shipmates.biz does not endorse such third-party services and content and in no event shall
shipmates.biz responsible or liable for any products or services of such third-party providers.
App Stores.
You acknowledge and agree that the availability of the Applications may be dependent on
the third-party from which you received the Application’s license, e.g., the Apple iPhone or
Android app stores (“App Store”). You acknowledge and agree that this Agreement is
between you and Uber and not with the App Store and that Uber is responsible for the
provision of Services as described in this Agreement. However, if you downloaded the
Application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries
of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and
will be deemed to have accepted the right) to enforce this Agreement against you as a
third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed
Application End User License Agreement, for purposes of which, you are “the end-user.” In
the event of a conflict in the terms of the Licensed Application End User License Agreement
and this Agreement, the terms of this Agreement will control.
Ownership.
The Services and all rights therein are and shall remain Uber’s property or the property of
shipmates. Biz’s licensors. Neither these Terms nor your use of the Services convey or grant
to you any rights in or related to the Services except for the limited license granted above.
You agree that you will not use Uber’s trademarks, service marks, or trade dress or any
similar names, marks, or trade dress (“shipmates.Biz Marks”), aside from use incidental to
your use of the Services, without express, written permission from Shipmates.biz. This
prohibition on using shipmates.biz includes, but is not limited to, use in domain names,
websites, and social media accounts.
4. Access and Use of the Services
User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active
personal user Services account (“Account”). You must be at least 18 years of age, or the age
of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a
specific Service permits otherwise. You cannot register for or maintain an Account if you
have previously been banned from accessing or using the Services. Account registration
requires you to submit to Uber certain personal information, such as your name, address,
mobile phone number and age, as well as at least one valid payment method supported by
shipmates.biz. You agree to maintain accurate, complete, and up-to-date information in your
Account, including a valid phone number, address and payment method. Your failure to
comply with these Terms (including policies and supplemental terms) including, without
limitation, your failure to maintain accurate, complete, and up-to-date Account information,
including having an invalid or expired payment method on file, may result in your inability to
access or use the Services. You are responsible for all activity that occurs under your
Account, and you agree to maintain the security and secrecy of your Account username and
password at all times. Unless otherwise permitted by shipmates.biz in writing, you may only
possess one Account.
User Requirements and Conduct.
You agree to abide by the shipmates.biz Community Guidelines, available here. Failure to
comply with the Community Guidelines or any violation of these terms may result in the
permanent loss of access to the Services.
The Services are not available for use by persons under the age of 18. You may not
authorize third-parties to use your Account, and you may not allow persons under the age of
18 to request or receive transportation, delivery or logistics services from Third-Party
Providers unless they are accompanied by you. You may not assign or otherwise transfer
your Account to any other person or entity. You agree to comply with all applicable laws
when accessing or using the Services, and you may only access or use the Services for
lawful purposes (e.g., no request for the purpose or intent of transport of unlawful or
hazardous materials). You may not in your access or use of the Services cause nuisance,
annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any
other party. If you request a ride option with a car seat, you acknowledge and agree that
neither shipmates.biz nor the Third-Party Provider is responsible for the safety of a child
restraint/car seat that may be available in the Third-Party Provider’s Vehicle. You
acknowledge and agree that it is your obligation to ensure that the car seat is installed
correctly and that the child is properly secured in the seat. If you request a ride option where
a driver agrees to provide you with assistance you acknowledge and agree that neither ship
Matt. Biz nor the Third-Party Provider is responsible for any injury or incident that may arise
out of the assistance provided by the Third-Party Provider. In certain instances, you may be
asked to provide proof of age, identity or other method of identity verification to access or
use the Services, and you agree that you may be denied access to or use of the Services if
you refuse to provide proof of age, identity or other method of identity verification.
Subject to the discretion of a Third-Party Provider, you may be allowed to bring a small
animal, such as a dog or cat, on a ride requested through the Shipmates. Biz Platform. For
such trips, you are responsible for properly securing the animal with a leash, harness, crate /
carrier, or through other means. You are also responsible for ensuring that the animal does
not cause damage or a mess in the Third-Party Provider’s vehicle. You may be subject to a
Charge for Repair or Cleaning under Section 5 for any damage or mess caused by an
animal that is transported during a ride requested under your Account. Please note, in
accordance with shipmates.Biz policies on Service Animals and assistive devices, Service
Animals are generally permitted to accompany riders without extra charge, regardless of
whether it is a Pet Friendly Trip.
For the purpose of assisting us with our compliance and insurance obligations, you agree to
notify us within 24 hours and provide us with all reasonable information relating to any
incident or accident that occurs during your use of the Services and you agree to cooperate
with any investigation and attempted resolution of such incident.
Text Messaging and Telephone Calls.
You agree that shipmates.biz , and its subsidiaries, representatives, affiliates, officers and
directors, may contact you by telephone or text messages (including by an automatic
telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone
numbers provided by you or on your behalf in connection with an shipmates.com account,
including for marketing purposes. You understand that you are not required to provide this
consent as a condition of purchasing any property, goods or services. You also understand
that you may opt out of receiving text messages from Uber at any time, either by replying
“STOP”, texting the word “STOP” to 89203 using the mobile device that is receiving the
messages, or by contacting shipmates. Biz If you do not choose to opt out, shipmates.biz
may contact you.
You agree that shipmates.biz may contact you using any of the phone numbers you provided
in connection with a shipmates. Biz account (including via text or voice-recorded message)
or your email address in the case of suspected fraud or unlawful activity.
User Provided Content.
Shipmates.biz may, in shipmates.biz sole discretion, permit you from time to time to submit,
upload, publish or otherwise make available to shipmates.biz through the Services textual,
audio, and/or visual content and information, and submission of entries for competitions and
promotions (“User Content”). Any User Content provided by you remains your property.
However, by providing User Content to shipmates.biz you grant shipmates.biz a worldwide,
perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use,
copy, modify, create derivative works of, distribute, publicly display, publicly perform, and
otherwise exploit in any manner such User Content in all formats and distribution channels
now known or hereafter devised (including in connection with the Services and Uber’s
business and on third-party sites and services), without further notice to or consent from you,
and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User
Content or you have all rights, licenses, consents and releases necessary to grant Uber the
license to the User Content as set forth above; and (ii) neither the User Content, nor your
submission, uploading, publishing or otherwise making available of such User Content, nor
Uber’s use of the User Content as permitted herein will infringe, misappropriate or violate a
third-party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result
in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene,
pornographic, unlawful, or otherwise offensive, as determined by shipmates.biz in its sole
discretion, whether or not such material may be protected by law. Shipmates.biz may, but
shall not be obligated to, review, monitor, and remove User Content, at shipmates. Biz sole
discretion and at any time and for any reason, without notice to you.
User Feedback.
As shipmates.biz respects your rights to your ideas, you agree that you will not submit any
confidential ideas, information, or suggestions in any form to shipmates. Biz or any of its
affiliates. For any ideas, information, or suggestions you do submit, regardless of what your
communication regarding your submissions says, you understand that your submissions are
voluntary and the following terms shall apply to your submissions: (i) your submissions and
their contents will automatically become the property of shipmates.biz, without any
compensation to you; (ii) shipmates. Biz has no obligation to review your submissions; (iii)
shipmates. Biz may implement and distribute any portion of your submissions and their
contents for any purpose in any way, without any compensation to you; and (iv) ship may.
Biz has no obligation to keep your submissions confidential.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services.
Your mobile network’s data and messaging rates and fees may apply if you access or use
the Services from your device. You are responsible for acquiring and updating compatible
hardware or devices necessary to access and use the Services and Applications and any
updates thereto. Uber does not guarantee that the Services, or any portion thereof, will
function on any particular hardware or devices. In addition, the Services may be subject to
malfunctions and delays inherent in the use of the Internet and electronic communications.
5. Payment
You understand that use of the Services may result in charges to you for the services or
goods you receive from Uber and/or from Third-Party Providers (“Charges”). Uber will enable
your payment of the applicable Charges for services or goods obtained through your use of
the Services. Charges will include applicable taxes where required by law. Charges may
include other applicable fees such as delivery fees, service fees, product return fees,
cancellation fees, government-mandated fees (such as bag fees), estimated or actual tolls,
and/or surcharges. Further, you acknowledge and agree that Charges applicable in certain
geographical areas may increase substantially during times of high demand or due to other
marketplace factors.
All Charges and payments will be enabled by shipmates.biz using the preferred payment
method designated in your Account, after which you will receive a receipt. If your primary
Account payment method is determined to be expired, invalid or otherwise not able to be
charged, you agree that shipmates.biz may use a secondary payment method in your
Account, if available. Charges paid by you are final and non-refundable, unless otherwise
determined by shipmates.biz.
As between you and shipmates. Biz, shipmates.biz reserves the right to establish or adjust
Charges for any or all services or goods obtained through the use of the Services at any
time. Shipmates.biz will use reasonable efforts to inform you of Charges that may apply,
provided that you will be responsible for Charges incurred under your Account regardless of
your awareness of such Charges or the amounts thereof. Certain users may from time to
time receive promotional offers and discounts that may result in different amounts charged
for the same or similar services or goods obtained through the use of the Services, and you
agree that such promotional offers and discounts, unless also made available to you, shall
have no bearing on your use of the Services or the Charges applied to you. Promotional
offers and discounts are subject to change or withdrawal at any time and without notice. You
may elect to cancel your request for Services at any time prior to the commencement of
such Services, in which case you may be charged a cancellation fee on a Third-Party
Provider’s behalf.
With respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party
Providers, and shipmates.Biz will collect payment of those charges from you, on the
Third-Party Provider’s behalf as their limited payment collection agent, and payment of the
Charges shall be considered the same as payment made directly by you to the Third-Party
Provider. In such cases, you retain the right to request lower Charges from a Third-Party
Provider for services or goods received by you from such Third-Party Provider at the time
you receive such services or goods, and Charges you incur will be owed to the Third-Party
Provider. Shipmates. Biz will consider in good faith any request from a Third-Party Provider
to modify the Charges for a particular service or good. This payment structure is intended to
fully compensate a Third-Party Provider, if applicable, for the services or goods obtained in
connection with your use of the Services. Except for amounts provided by you through the
Application as part of the “tip” feature, shipmates. Biz does not designate any portion of your
payment as a tip or gratuity to a Third-Party Provider. You understand and agree that, while
you are free to provide additional payment as a gratuity to any Third-Party Provider who
provides you with services or goods obtained through the Service, you are under no
obligation to do so. There also may be certain Charges you incur that will be owed and paid
directly to Uber or its affiliates. For the avoidance of doubt, Uber does not charge a fee for a
user to access the shipmates. Biz marketplace Platform, but may charge users a fee or any
other Charge for accessing Services made available through the Marketplace Platform. Even
if not indicated on the shipmates.biz Marketplace Platform, you understand that the prices
for product or menu items displayed through the Services may differ from the prices offered
or published by Third-Party Providers for the same product or menu items and/or from prices
available at other third-party websites/mobile applications. Prices for product or menu items
displayed through the Services may not be the lowest prices at which the product or menu
items are sold. You also understand that product or menu item prices displayed through the
Services or fees charged by and paid to shipmates.biz may vary based on whether you
choose to pick up your order or have it delivered.
If you think a correction should be made to any Charge you incurred, you must let
shipmates. Biz know in writing within 30 days after the Charge took place or shipmates. Biz
will have no further responsibility and you waive your right to later dispute the amounts
charged.
Damage, Cleaning, Lost and Found, and Violation of Terms.
Shipmates.Biz may charge you a fee on behalf of Third-Party Providers if, during your use of
the Services, you have caused damage to a vehicle or property that requires repair or
cleaning (“Repair” or “Cleaning”). The amount of such fee shall be determined, in
shipmates.biz sole discretion, based on the type of damage and the severity. Shipmates.biz
reserves the right to verify or otherwise require documentation of damages prior to
processing a fee. In the event that a Repair or Cleaning request is verified by shipmates.Biz
in shipmates.biz reasonable discretion, shipmates.Biz reserves the right to facilitate payment
for the reasonable cost of such Repair or Cleaning using your payment method designated
in your Account. Such amounts, as well as those pertaining to lost and found goods, will be
transferred by Uber to a Third-Party Provider, if applicable, and are non-refundable.
Additionally, if you fail to comply with these Terms, you may be responsible for Charges,
including without limitation, for transactions that could not be completed properly, arising out
of or in connection with your failure to comply with these Terms.
6. Disclaimers; Limitation of Liability; Indemnity.
Disclaimer.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” shipmates. Biz
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, 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 THE SERVICES OR ANY SERVICES OR GOODS
REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE.
Shipmates.Biz DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR
ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING
OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED
OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH,
REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW.
Shipmates.biz DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY
PROVIDERS INCLUDING DRIVERS. THIRD-PARTY PROVIDERS ARE NOT ACTUAL
AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES Of
shipmates.Biz.
Shipmates.biz DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY
USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE
SERVICES. Shipmates.Biz CANNOT AND DOES NOT REPRESENT OR WARRANT THAT
THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
Limitation of Liability.
Shipmates.biz SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN
CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE
SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE,
SOLE, OR CONCURRENT) Of shipmates.biz , EVEN IF shipmates.biz HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Shipmates.Biz SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES
ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR
INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR
RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF
shipmates.Biz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Shipmates.biz SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE
RESULTING FROM CAUSES BEYOND shipmates. Biz REASONABLE CONTROL. YOU
ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS PROVIDING TRANSPORTATION
SERVICES REQUESTED THROUGH SOME shipmates.biz SERVICES MAY OFFER
RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE
PROFESSIONALLY LICENSED OR PERMITTED. YOU ACKNOWLEDGE THAT
THIRD-PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS,
ACTUAL AGENTS, OR EMPLOYEES OF UBER.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE
TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD-PARTY
PROVIDERS, BUT YOU AGREE THAT shipmates.biz HAS NO RESPONSIBILITY OR
LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS
SERVICES PROVIDED TO OR NOT PROVIDED TO YOU BY THIRD-PARTY PROVIDERS
OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
Shipmates.Biz SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES
ARISING OUT OF LACK OF OR IMPROPER INSTALLATION OR USE OF CHILD
RESTRAINT SYSTEMS FOR GUESTS ON RIDES REQUESTED THROUGH THE
SERVICES FOR WHOM A CHILD RESTRAINT SYSTEM IS LEGALLY REQUIRED.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT
LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED
UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, shipmates.Biz
LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION
SHALL HAVE NO EFFECT ON shipmates.Biz CHOICE OF LAW PROVISION SET FORTH
BELOW.
Indemnity.
You agree to indemnify and hold shipmates.biz and its affiliates and their officers, directors,
employees, and agents harmless from and against any and all actions, claims, demands,
losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or
in connection with: (i) your use of the Services or services or goods obtained through your
use of the Services; (ii) your breach or violation of any of these Terms; (iii) shipmates.biz use
of your User Content; or (iv) your violation of the rights of any third party, including
Third-Party Providers.
7. Other Provisions
Choice of Law.
These Terms shall be governed by and construed in accordance with the laws of the state in
which your dispute arises, without regard to the choice or conflict of law principles of any
jurisdiction, except as may be otherwise provided in the Arbitration Agreement in Section 2
above or in supplemental terms applicable to your region. This Choice of Law provision
applies only to the interpretation of these Terms, and these provisions shall not be
interpreted as generally extending any state’s law to you if your dispute did not arise in that
state.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting
in personal injury (including but not limited to sexual assault or harassment claims) that you
allege occurred in connection with your use of the Services, whether before or after the date
you agreed to the Terms, shall be governed by and construed in accordance with the laws of
the state in which the incident or accident occurred.
Choice of Forum.
Any dispute, claim or controversy arising out of or relating to these Terms or the existence,
breach, termination, enforcement, interpretation or validity thereof, shall be brought
exclusively in the state and federal courts of the state in which the dispute, claim or
controversy arose, notwithstanding that other courts may have jurisdiction over the parties
and subject matter, except as may be otherwise provided by the Arbitration Agreement
above or in supplemental terms applicable to your region.
Notwithstanding the foregoing, any dispute, claim, or controversy arising out of or relating to
incidents or accidents resulting in personal injury (including but not limited to sexual assault
or harassment claims) that you allege occurred in connection with your use of the Services,
whether before or after the date you agreed to the Terms, shall be brought exclusively in the
state or federal courts in the State in which the incident or accident occurred,
notwithstanding that other courts may have jurisdiction over the parties and subject matter,
and except as may be otherwise provided in the Arbitration Agreement above or in
supplemental terms applicable to your region, to the extent permitted by law.
The foregoing Choice of Law and Choice of Forum provisions do not apply to the Arbitration
Agreement in Section 2, and we refer you to Section 2 for the applicable provisions for such
disputes.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to shipmates.Biz
Notice.
Shipmates. Biz may give notice by means of a general notice on or through the Services,
electronic mail to the email address associated with your Account, telephone or text
message to any phone number provided in connection with your account, or by written
communication sent by first class mail or pre-paid post to any address connected with your
Account. Such notice shall be deemed to have been given upon the expiration of 48 hours
after mailing or posting (if sent by first class mail or pre-paid post) or at the time of sending (if
sent by email, telephone, or on or through the Services). You may give notice to
shipmates.biz , with such notice deemed given when received by shipmates.Biz , at any time
by first class mail or pre-paid post. The name and current contact information for the
registered agent If another provision of these Terms addresses any specific notice (for
example, notice of updates to these Terms, or notice of a dispute or arbitration demand),
those specific notice provisions shall prevail to the extent there is any conflict or
inconsistency between those provisions and this notice.
General.
You may not assign these Terms without shipmates.Biz prior written approval. Shipmates.
Biz may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an
acquirer of shipmates.Biz equity, business or assets; or (iii) a successor by merger. Any
purported assignment by you in violation of this section shall be void. No joint venture,
partnership, employment, or agency relationship exists between you, shipmates.Biz or any
Third-Party Provider as a result of this Agreement or use of the Services. 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. Shipmates.Biz 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 shipmates.Biz in writing. This provision
shall not affect the Severability and Survivability section of the Arbitration Agreement of
these Terms.
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