The Lyft Platform

The Lyft Platform provides a marketplace where, among other things, persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options to such destinations. One option for Riders is to request a ride from rideshare drivers who are driving to or through those destinations (“Drivers”). Drivers, Riders, and any other individuals, excluding any Excluded Individuals, using the Lyft Platform are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders, and other transportation related services provided by Drivers in connection with the Lyft Platform, shall be referred to herein as “Rideshare Services.” “Lyft Services” shall include any service provided by Lyft pursuant to the Lyft Platform (for clarity, Lyft Services does not include Rideshare Services or Third-Party Services). As a User, you authorize Lyft to match and/or re-match you with Drivers or Riders based on factors such as your location, the requested pickup location, the estimated time to pickup, your destination, User preferences, ride mode, driver mode, membership status, regulatory or other third-party requirements, User statistics, and platform efficiency, and to cancel an existing match based on the same or other considerations. Any decision by a User to offer or accept Rideshare Services is a decision made in such User’s sole discretion. A separate agreement is formed between Drivers and Riders when the Rider accepts the Rideshare Services offered by the Driver. As used herein, “Excluded Individuals” means any individual who is registering to use the Lyft Platform or whose use of the Lyft Platform is on behalf of an organization contracted with Lyft, except as a Rider or Driver.

In certain markets, Riders may have the option to rent transportation modalities (e.g., bikes, scooters, cars, etc.) or be offered other services through the Lyft Platform. In some markets, some of these rental programs and/or other services are owned and operated by Lyft. In other markets, some of these rental programs and/or other services are owned or operated by third parties.

In any case, your use of Lyft Services through the Lyft Platform may be subject to additional agreements between you and Lyft as applicable to the particular service in the particular market (“Supplemental Agreements”). Please review any applicable Supplemental Agreements carefully. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF A SUPPLEMENTAL AGREEMENT, YOU MAY NOT RENT OR USE LYFT SERVICES IN SUCH MARKET. In the event of any conflict between this Agreement and the terms and conditions of any Supplemental Agreement, the terms of this Agreement shall control, unless such Supplemental Agreement specifically states otherwise.

Modification to the Agreement

Lyft reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Lyft reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Lyft Platform after any such changes shall constitute your acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

Eligibility

The Lyft Platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Lyft Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, you agree that you are the sole authorized user of your User account, and you may not use your User account on behalf of any third party, except as otherwise expressly permitted by Lyft. To use the Lyft Platform, each User shall create a User account. Each person may only create one User account, and Lyft reserves the right to deactivate any additional or duplicate accounts. Your participation in certain Lyft programs and use of certain Lyft services may be subject to additional eligibility requirements as determined by Lyft.

By becoming a User, you represent and warrant that you are at least the age of majority in your province or territory of residence and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year old minor you may create a User account for such minor to use the Lyft Platform subject to the following requirements and restrictions: (a) you ensure that the minor’s use of the Lyft Platform is limited solely to accessing and using Lyft Services and/or Third-Party Services where expressly permitted under the Supplemental Agreement applicable to such Lyft Services and/or Third-Party Services, (b) you determine that the Lyft Services and/or Third-Party Services are suitable for the minor, (c) you ensure that the minor’s use of the Lyft Platform and applicable Lyft Services and/or Third-Party Services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements, and the Lyft Platform, (d) you ensure that the minor does not request or accept any Rideshare Services unless accompanied by you or an authorized guardian, and (e) you explain the terms of this Agreement to the minor. For clarity, no unaccompanied User under 18 years old may ride in an autonomous vehicle.

By creating a User account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, you expressly guarantee the minor’s acceptance, and your own acceptance, of the terms of this Agreement, and you shall assume any and all responsibility and liability for the minor’s use of the Lyft Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.

Charges

As a User, you understand that request or use of Rideshare Services, Lyft Services, or Third-Party Services may result in charges (“Charges”) to you and/or to an organization, if applicable. Charges to Riders and/or organizations, if applicable, for Rideshare Services include Fares (defined below) and other applicable fees, tolls, surcharges, and taxes, including as set forth on your market’s Lyft Cities page (“Lyft Cities Page”), plus any tips to the Driver that you elect to pay. Lyft has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s Lyft Cities Page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., shared, economy, extra seats, luxury) as described on your market’s Lyft Cities Page or within the Lyft Platform. You are responsible for reviewing the applicable Lyft Cities Page or price quote within the Lyft Platform and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof. Except as expressly provided below, all Charges will be in Canadian dollars.

Rideshare Service Fares (“Fares”). There are two types of Fares, quoted and variable.

• Quoted Fares. When you make a ride request using the Lyft Platform, Lyft will quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If your final destination is not the same as the destination in your ride request, or the time or distance of your ride differs substantially from your quoted fare, or if you attempt to abuse the Lyft Platform, we may, at Lyft’s sole discretion and determination, cancel the fare quote and charge you a variable fare as described below. Lyft does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted fares may include the Rideshare Service Fees and other Charges below, as applicable.
• Variable Fares. Variable fares consist of a base charge and incremental charges based on the time and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate time and distance using available data from your ride. In addition to the variable fare, the total cost of your ride may include the Rideshare Service Fees and other Charges below, as applicable.

Rideshare Service Fees and Other Charges.

• Service Fee. Lyft may charge a “Service Fee” for each ride, as set forth on the applicable Lyft Cities Page.
• Prime Time. At certain times, including times of high demand for Rideshare Services (“Prime Time”), you acknowledge that Charges may increase substantially. For quoted fares, we may factor Prime Time increases into the quoted price of the ride.
• Priority Pickup and Wait & Save. In some cases, you may be able to select an expected pick up that is faster or slower than standard for a higher or lower Fare, respectively.
• Cancellation Fee. After requesting a ride you may cancel it through the Lyft Platform, but note that in certain cases a cancellation fee may apply. Lyft may also charge a fee if you fail to show up after requesting a ride. Please check out Lyft’s help center (“Help Center”) to learn more about Lyft’s rider cancellation policy.
• Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, to the fullest extent not prohibited by applicable law, you agree to pay a “Damage Fee” of up to US$250 depending on the extent of the damage (as determined by Lyft in its sole discretion), towards vehicle repair or cleaning. Lyft reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
• Abuse Fee. If we receive a credible report that you have misused or abused the Lyft Platform, you agree to pay an “Abuse Fee” of up to US$250 as determined by Lyft in its sole discretion. Lyft reserves the right (but is not obligated) to verify or otherwise require documentation of abuse prior to processing the Abuse Fee.
• Tolls. In some instances tolls, toll estimates, or return tolls may apply to your ride. Please see our Help Center and your market’s Lyft Cities Page for more information about toll charges. We do not guarantee that the amount charged by Lyft will match the toll charged to the Driver, if any.
• Other Charges. Other fees and surcharges may apply to your ride, including, but not limited to: actual or anticipated airport fees, provincial fees, local fees, event fees, fuel surcharges, wait time fees, or distance surcharges as determined by Lyft or its marketing partners. In addition, where required by law Lyft will collect applicable taxes. See your market’s Lyft Cities Page for information on other Charges that may apply to your ride.
• GST/HST. All amounts payable hereunder are exclusive of applicable goods and services/harmonized sales taxes (GST/HST), as applicable, and Driver or Lyft, as the case may be, shall be responsible to charge applicable GST/HST in addition to such amounts.
• Tips. Following a ride, you may have the opportunity to elect to tip your Driver in cash or through the Lyft Platform. You may also elect to set a default tip amount or percentage through the Lyft Platform. Any tips will be provided entirely to the applicable Driver.

Charges Generally.

• Facilitation of Charges. All Charges are facilitated through a third-party payment processor (First Data, Stripe, Inc., Braintree, a division of PayPal, Inc., etc.). Lyft may replace its third-party payment processor without notice to you. With the exception of tips and the purchase of Lyft Cash, cash payments are strictly prohibited unless expressly permitted by Lyft. Your payment of Charges to Lyft satisfies your payment obligation for your use of the Lyft Platform, Lyft Services, Third-Party Services, and Rideshare Services. Certain Charges may be collectively billed as a single purchase transaction to your selected payment method based on the payment frequency indicated in your settings. If your primary payment method expires, is invalid, or if Charges to your primary payment method are unable to be processed for whatever reason, then you agree that Lyft may charge your other available payment methods in the Lyft Platform. If you don't recognize a transaction, then check your ride receipts and payment history.
• No Refunds. All Charges are non-refundable except to the extent required by law. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Lyft Platform, any disruption to the Lyft Platform, Lyft Services, Third-Party Services, or Rideshare Services, or any other reason whatsoever.
• Coupons. You may receive coupons, credits, discounts, or other promotions (collectively, “Coupons”) that you can apply toward payment of certain Charges. Coupons are valid only for use on the Lyft Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined unless expressly provided otherwise, and if the cost of your Charges exceeds the applicable Coupon value, we may charge your payment method on file for the Charges in excess of the Coupon amount. With respect to Fares, Lyft may deduct the amount attributable to the Service Fee, Tolls, or other Charges before application of the Coupon. In cases where Lyft contracts with your employer or another third party for credits to be applied to your User account and to be payable directly by such person, such Lyft Credits are not considered to be coupons and GST/HST will be applied to the full amount of the Charges. Additional restrictions on Coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant Coupon within the Rewards section of the Lyft Platform.
• Supplemental Charges. Charges related to Lyft Services (including the rental of bikes and scooters) may be further detailed in the applicable Supplemental Agreement.
• Third-Party Charges. If you choose to purchase Third-Party Services (described further in Section 20) through the Lyft Platform, you authorize your payment method on file to be charged according to the pricing terms set by Lyft or the third-party provider, or as otherwise provided in the terms of the purchased services.
• Payment Card Authorization. Upon addition of a new payment method or each request for Lyft Services, Rideshare Services, or Third-Party Services, Lyft may seek authorization of your selected payment method to verify the payment method, ensure the Charges will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. Lyft is not responsible for these charges and is unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.

For clarity, Lyft does not charge a fee for Users to access the Lyft Platform, but retains the right to charge Users and/or organizations, if applicable, a fee or any other Charge for accessing or using Lyft Services, Rideshare Services, or Third-Party Services made available through the Lyft Platform.

Driver Payments

If you are a Driver, you will receive payment for your provision of Rideshare Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and Lyft.

Lyft Communications

By entering into this Agreement or using the Lyft Platform, you agree to receive communications from us, our affiliates, providers of Third-Party Services or Drivers for the purposes set out in this section, at any of the phone numbers provided to Lyft by you or on your behalf, and also via email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from providers of Third-Party Services and Drivers will be limited to operational communications. Communications from Lyft and its affiliated companies, may include but are not limited to: operational communications concerning your User account or use of the Lyft Platform, Lyft Services, Third-Party Services or Rideshare Services, updates concerning new and existing features on the Lyft Platform, communications concerning marketing or promotions run by us or our third-party partners, and news concerning Lyft and industry developments. If you change or deactivate the phone number you provided to Lyft, you agree to update your User account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO 59388 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE LYFT PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM LYFT (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO 59388 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES; HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE LYFT PLATFORM OR RELATED SERVICES. WHEN YOU OPT OUT TEXTS OR CALLS, YOU MAY RECEIVE A ONE-TIME OPT-OUT CONFIRMATION TEXT MESSAGE. NO FURTHER MESSAGES WILL BE SENT TO YOUR MOBILE DEVICE, UNLESS INITIATED BY YOU. FOR COMMUNICATION SERVICE SUPPORT OR ASSISTANCE, PLEASE VISIT OUR HELP CENTER.

Your Information

Your Information is any information you provide, publish or post, and any information provided on your behalf, to or through the Lyft Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Lyft-related Facebook, Twitter or other social media posting) (collectively, your “Information”). You consent to us using your Information to create a User account that will allow you to use the Lyft Platform, Lyft Services, and participate in the Rideshare Services, and to otherwise permit us to operate and promote the Lyft Platform, Lyft Services and Rideshare Services. Our collection and use of personal information in connection with the Lyft Platform, Lyft Services, and Rideshare Services is as provided in Lyft’s Privacy Policy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete Information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Lyft to use your Information for the purposes described in the Privacy Policy and this Agreement, or to otherwise improve the Lyft Platform, Lyft Services, or Rideshare Services, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid up, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, database, intellectual property and all other rights you have in your Information, and to use, copy, perform, display, modify and distribute such Information, and to prepare derivative works of, or incorporate into other works, such Information, in any media now known or not currently known, subject to any rights that you may have in respect of personal information under applicable privacy laws. You further waive, and agree to waive, any non-assignable rights, including without limitation moral rights, in the foregoing. Lyft does not assert any ownership over your Information; rather, as between you and Lyft, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information, subject to Lyft’s rights set out in this Agreement.

Promotions, Referrals, and Loyalty Programs

Lyft, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. Lyft reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Lyft determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. Lyft reserves the right to terminate, discontinue, modify or cancel any promotions or programs at any time and in its sole discretion without notice to you.

Pursuant to Lyft’s referral program, Lyft may provide you with incentives to refer your friends and family to become new Users of the Lyft Platform in your country (the “Referral Program”). Your participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.

Restricted Activities

With respect to your use of the Lyft Platform, Lyft Services, Third-Party Services, and your participation in the Rideshare Services, you agree that you will not:

1. impersonate any person or entity;
2. stalk, threaten, or otherwise harass any person, or carry any weapons;
3. violate any law, statute, rule, permit, ordinance or regulation;
4. interfere with or disrupt the Lyft Platform or the servers or networks connected to the Lyft Platform;
5. post Information or interact on the Lyft Platform, Lyft Services, Third-Party Services, or Rideshare Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
6. use the Lyft Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity, image or privacy;
7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Lyft Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Lyft Platform;
9. “frame” or “mirror” any part of the Lyft Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
10. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Lyft Platform;
11. rent, lease, lend, sell, redistribute, license or sublicense the Lyft Platform or access to any portion of the Lyft Platform;
12. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, copy, access, acquire information, generate impressions or clicks, input or store information, search, monitor any portion of the Lyft Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Lyft Platform or its contents;
13. link directly or indirectly to any other websites;
14. transfer, lend, or sell your User account, password and/or identification, or any other User’s Information to any other party;
15. use a false email address or other identifying information, impersonate or misrepresent any person or entity, or your affiliation with any person or entity, or otherwise omit, misrepresent, or mislead as to the origin or source of any entity accessing the Lyft Platform;
16. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age, sexual orientation, or any other characteristic or status protected by applicable human rights legislation;
17. violate any of the Referral Program rules if you participate in the Referral Program;
18. commercialize the Rideshare Services, Third-Party Services, or our Lyft Services without an agreement directly with Lyft;
19. misuse or abuse the Rideshare Services, Third-Party Services, or our Lyft Services in violation of eligibility requirements as determined by Lyft;
20. violate Lyft’s Policy Against Sexual Assault, Misconduct, and Harassment;
21. circumvent any measures implemented by Lyft to prevent or address violations of this Agreement; or
22. cause any third party to engage in the restricted activities above.

Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security or violation of this Agreement, you agree to notify us immediately.

Driver Representations, Warranties and Agreements

By providing Rideshare Services as a Driver on the Lyft Platform, you represent, warrant, and agree that:

1. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Rideshare Services.
2. You own, or have the legal right to operate, the vehicle you use when providing Rideshare Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory motor vehicle requirements for a vehicle of its kind; such vehicle meets all applicable statutory requirements for a vehicle that is used to provide Rideshare Services; and any and all applicable safety recalls have been remedied per manufacturer instructions or requirements.
3. You will not engage in reckless behavior while driving or otherwise providing Rideshare Services, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Rideshare Services, provide Rideshare Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Lyft community or third parties.
4. You will only provide Rideshare Services using the vehicle that has been reported to, and approved by Lyft, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
5. You will not, while providing the Rideshare Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a Rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
6. You will not attempt to defraud Lyft or Riders on the Lyft Platform or in connection with your provision of Rideshare Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.
7. You will not discriminate against Riders with disabilities and agree to review and comply with Lyft’s Anti-Discrimination Policies. You will make reasonable accommodations as required by law and comply with our Service Animal Policy and Wheelchair Policy for Riders who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car’s trunk or backseat.
8. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
9. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Rideshare Services, and you agree to provide proof of such insurance and that information regarding such insurance may be released to Lyft upon Lyft’s reasonable request.
10. You will pay all applicable federal, provincial and local taxes based on your provision of Rideshare Services and any payments received by you.
11. You will comply with Lyft’s reasonable requests to provide information in connection with Rider complaints, law enforcement requests, or any other incident.

Intellectual Property

You acknowledge that all intellectual property rights in and to the Lyft Platform are, and shall be, owned by Lyft absolutely, exclusively, and in their entirety. These rights include, but are not limited to, database rights, inventions and patentable subject-matter, patents, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), trade secret rights, and other related rights wherever existing in the world, together with the right to apply for, protect, defend, and otherwise exploit the same. All other intellectual property, including without limitation, trademarks, logos, service marks, company or product names, set forth in the Lyft Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are, or will become, non-confidential and shall become the exclusive property of Lyft. Lyft shall own exclusive rights, including all intellectual property rights, in Submissions, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Except for the explicit license grants hereunder, nothing in this Agreement shall be construed to transfer ownership of or grant a license under any intellectual property rights. For the avoidance of doubt, you hereby assign, and agree to assign, to Lyft all rights in your Submission, and to waive all moral rights and other non-assignable rights therein.

LYFT and other indicia of Lyft, whether logos, designs, graphics, icons, scripts or service names, and whether visual, aural, tactile or otherwise, are registered trademarks, trademarks (common law or otherwise) or trade dress, distinguishing guises or other intellectual property rights of Lyft in the United States and/or other countries (collectively, the “Lyft Marks”). If you provide Rideshare Services as a Driver, Lyft grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Lyft Marks solely on the Lyft stickers/decals, and any other Lyft-branded items provided by Lyft directly to you in connection with providing the Rideshare Services (“License”). The License is revocable, non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Lyft’s prior written permission, which it may withhold in its sole discretion. The Lyft logo (or any Lyft Marks) may not be used in any manner not in accordance with guidelines, as may be revised from time to time, provided by Lyft to you (“Brand Guidelines”), or that is likely to cause confusion, including but not limited to: use of a Lyft Mark in a domain name or Lyft referral code, or use of a Lyft Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the Lyft Platform, but may not misidentify yourself as Lyft, an employee of Lyft, a representative or agent of Lyft, or suggest that you are providing Lyft Services when you are not.

You acknowledge that Lyft is the owner and licensor of the Lyft Marks, including all goodwill associated therewith, and that your use of the Lyft logo (or any Lyft Marks) will confer no interest in, goodwill associated with, or ownership of the Lyft Marks in you but rather inures to the exclusive benefit of Lyft. You agree to use the Lyft logo (and any Lyft Marks) strictly in accordance with the Brand Guidelines, and to immediately cease any use that Lyft determines to be nonconforming or otherwise unacceptable.

You agree that you will not: (1) create any materials that incorporate or use the Lyft Marks, or any derivatives, or anything relating to, confusing with, or suggestive of, the Lyft Marks, including without limitation as part of any domain name, web site, trademark or trade dress, other than as expressly pre-approved by Lyft in writing; (2) use the Lyft Marks in any way that impairs their validity or diminishes their distinctiveness, or use the Lyft Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Lyft’s rights as owner of the Lyft Marks or the legality and/or enforceability of the Lyft Marks in any jurisdiction, including without limitation, directly or indirectly challenging or opposing Lyft’s ownership in the Lyft Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Lyft Marks, anything confusingly similar to, or suggestive of, any of the Lyft Marks, any combination of the Lyft Marks, or any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Lyft Marks; or (5) use the Lyft Marks on or in connection with any product, service, domain name, web site or activity that is in violation of any law, statute, government regulation or standard.

You agree you will not rent, lease, lend, sell, or otherwise redistribute the Lyft driver amp, signage, stickers, apparel, decals, Lyft Marks or other Lyft goods (collectively, “Lyft Goods”), or manufacture, produce, print, sell, distribute, purchase, or display counterfeit or unauthorized Lyft Goods.

Violation of any provision of this License may result in immediate termination of the License, in Lyft’s sole discretion. Lyft may further issue a takedown request to an internet service provider, or social media platform, and may initiate a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or similar proceeding). If you create any materials (whether physical or digital, including without limitation any domain name or web site) bearing the Lyft Marks or similar (in violation of this Agreement or otherwise), you agree that upon their creation Lyft exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Lyft Marks, derivative works based on the Lyft Marks or Lyft copyrights, or materials that are confusingly similar thereto. You further agree to assign, and do hereby assign, any interest or right you may have in such materials to Lyft, including without limitation all intellectual property and other proprietary rights therein, and hereby waive, and agree to waive all moral and other non-assignable rights you may have relating thereto. You agree to provide information and execute any documents as reasonably requested by Lyft to enable Lyft to formalize such assignment and waiver.

Lyft respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Lyft Platform infringe upon your intellectual property or other rights, please view our Copyright Policy for information on how to make a complaint.

Disclaimers

The following disclaimers are made on behalf of Lyft, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

Lyft does not provide transportation services, and Lyft is not a transportation carrier. Lyft is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the Lyft Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the Lyft Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Rideshare Services. Any safety-related feature, process, policy, standard, or other effort undertaken by Lyft is not an indication of any employment or agency relationship with any User.

The Lyft Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Lyft Platform, Lyft Services, Third-Party Services, and/or the Rideshare Services, including the ability to provide or receive Rideshare Services at any given location or time. Lyft reserves the right, for example, to limit or eliminate access to the Lyft Platform for Rideshare Services, Third-Party Services, and/or Lyft Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some provinces do not allow the disclaimer of implied warranties in consumer agreements, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the Lyft Platform, Lyft Services, Third-Party Services, or Rideshare Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Lyft Platform will be corrected, or that the Lyft Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity, availability, accuracy, completeness, and reliability of the Lyft Platform, Lyft Services, Third-Party Services, or Rideshare Services, including with respect to mapping, navigation, estimated times of arrival, and routing services. You are responsible at all times for your conduct and the consequences of your conduct while using the Lyft Platform.

We cannot guarantee that each Rider or Driver is who he or she claims to be. Please use common sense when using the Lyft Platform, Lyft Services, Third-Party Services, and Rideshare Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Lyft Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.

Lyft is not responsible for the conduct, whether online or offline, of any User of the Lyft Platform, Lyft Services, Third-Party Services, or Rideshare Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the Lyft Platform, Lyft Services, Third-Party Services, and participating in the Rideshare Services, you agree to accept such risks and agree that Lyft is not responsible for the acts or omissions of Users on the Lyft Platform, Lyft Services, Third-Party Services, or participating in the Rideshare Services.

You are responsible for the use of your User account and Lyft expressly disclaims any liability arising from the unauthorized use of your User account.

It is possible for others to obtain information about you that you provide, publish or post to or through the Lyft Platform (including any profile information you provide), send to other Users, or share during the Rideshare Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Lyft Platform or through the Rideshare Services, Lyft Services, or Third-Party Services. Please carefully select the type of information that you post on the Lyft Platform or through the Rideshare Services, Lyft Services, or Third-Party Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning Lyft or made available through the Lyft Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Lyft Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Lyft Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Location data provided by the Lyft Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Lyft, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Lyft Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Lyft Platform may be accessible to Lyft and certain Users of the Lyft Platform.

Lyft advises you to use the Lyft Platform with a data plan with unlimited or very high data usage limits, and Lyft shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Lyft Platform.

This paragraph applies to any version of the Lyft Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Lyft. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Lyft Platform. Lyft, not Apple, is solely responsible for the Lyft Platform and the content thereof as set forth hereunder. However, Apple and Apple’s 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 Apple’s Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

As a Driver, you may be able to use "Lyft Nav built by Google" while providing Rideshare Services on the Lyft Platform. Riders and Drivers may also use Google Maps while using the Lyft Platform. In either case, you agree that Google may collect your location data when the Lyft Platform is running in order to provide and improve Google's services, that such data may also be shared with Lyft in order to improve its operations, and that Google's terms and privacy policy will apply to this usage.

Lyft shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes; riots; acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.

Provincial and Local Disclosures

Certain jurisdictions require additional disclosures to you, such as requirements for drivers, earnings information, and where you can access Lyft’s certificates of insurance. You can view any disclosures required by your local jurisdiction at www.lyft.com/terms/disclosures. By accepting this Agreement, you acknowledge that Lyft has provided these disclosures to you and that you have read them. Please check regularly for updates.

Indemnity

You will indemnify and hold harmless and, at Lyft’s election, defend Lyft including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively, the “Indemnified Parties”) from and against any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of your use of the Lyft Platform, Lyft Services, Third-Party Services, and participation in the Rideshare Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials or Information that you submit to us or transmit through the Lyft Platform or to us infringes, misappropriates, or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Rideshare Services as a Driver; and/or (5) any other activities in connection with the Lyft Platform, Lyft Services, Third-Party Services, or Rideshare Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You will not, without Lyft’s prior written consent, agree to any settlement on behalf of any Indemnified Party which includes either the obligation to pay any monetary amounts, or any admissions of liability, whether civil or criminal, on the part of any Indemnified Party.

Limitation of Liability

IN NO EVENT WILL LYFT, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “LYFT” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE LYFT PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE LYFT PLATFORM, LYFT SERVICES, THE RIDESHARE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LYFT PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT LYFT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT. FOR CLARITY AND WITHOUT LIMITING THE FOREGOING, LYFT HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Term and Termination

This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: (a) by User, without cause, upon seven (7) days’ prior written notice to Lyft; or (b) by either party immediately, without notice, upon the other party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a)-(i) of this Agreement. In addition, Lyft may terminate this Agreement or deactivate your User account immediately in the event: (1) you are no longer eligible to qualify as a User; (2) you no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (3) you fall below Lyft’s star rating or cancellation threshold; or (4) Lyft has the good faith belief that such action is necessary to protect the safety of the Lyft community or third parties, provided that in the event of a deactivation pursuant to (1)-(4) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Lyft’s reasonable satisfaction prior to Lyft permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Lyft’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.

Dispute Resolution and Arbitration Agreement

THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW FOR THE ENFORCEMENT OF AN AGREEMENT REQUIRING YOU TO SUBMIT TO BINDING ARBITRATION OR TO WAIVE ANY RIGHTS YOU MAY HAVE TO PURSUE A PROCEEDING ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS IN RESPECT OF CERTAIN DISPUTES YOU MAY HAVE WITH LYFT IN WHICH CASE SOME OR ALL OF THE FOLLOWING REQUIREMENTS WITH RESPECT TO BINDING ARBITRATION AND WAIVER OF RIGHTS WITH RESPECT TO CLASS, COLLECTIVE OR REPRESENTATIVE ACTIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE THE RIGHT TO INITIATE OR PARTICIPATE IN COURT PROCEEDINGS ON AN INDIVIDUAL, CLASS, COLLECTIVE OR REPRESENTATIVE BASIS.

(a) Agreement to Binding Arbitration Between You and Lyft.

YOU AND LYFT MUTUALLY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION AS SET FORTH BELOW. This agreement to arbitrate (“Arbitration Agreement”) survives after this Agreement terminates or your relationship with Lyft ends. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ANY ARBITRATION UNDER THIS ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

Except as expressly provided below and above, this Arbitration Agreement applies to all disputes between you and Lyft, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (each a “Claim” and collectively, “Claims”) .

These Claims include, to the fullest extent permitted under applicable law, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Lyft Platform, the Services, any other goods or services made available through the Lyft Platform, your relationship with Lyft, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Lyft, and all other common law and statutory claims between you and Lyft or its affiliates and their respective employees, officers, directors and shareholders. To the fullest extent permissible under applicable law, disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND LYFT ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY APPLICABLE LAW. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED.

(b) Prohibition of Class Actions and Non-Individualized Relief.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THAT YOU AND LYFT MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND LYFT BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. AN ARBITRATOR APPOINTED PURSUANT TO THIS ARBITRATION AGREEMENT SHALL HAVE NO AUTHORITY TO CONSIDER OR RESOLVE ANY CLAIM OR ISSUE ANY RELIEF ON ANY BASIS OTHER THAN AN INDIVIDUAL BASIS. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSIDER OR RESOLVE ANY CLAIM OR ISSUE ANY RELIEF ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action in respect of such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

(c) Rules Governing the Arbitration.

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) and pursuant to the applicable AAA rules. You can learn more about the AAA and its rules and processes at www.adr.org. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of arbitration rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of class, collective or representative proceeding.

As part of the arbitration, both you and Lyft will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Riders or Drivers, but is bound by rulings in prior arbitrations involving the same Rider or Driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction, provided that such award may be challenged to the extent provided for under applicable law.

(d) Arbitration Fees and Awards.

The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:

1. If you initiate arbitration under this Arbitration Agreement after participating in the optional negotiation process described in subsection (h) below and are otherwise required to pay a filing fee under the relevant AAA Rules, Lyft agrees that, unless your Claim is for CDN$5,000 or more, your share of the filing and arbitration fees is limited to CDN$50, and that, after you submit proof of payment of the filing fee to Lyft, Lyft will promptly reimburse you for all but CDN$50 of the filing fee. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in the Claim is frivolous, vexatious or brought for an improper purpose, then the payment of all such fees will be governed by the applicable AAA Rules.
2. If Lyft initiates arbitration under this Arbitration Agreement, Lyft will pay all AAA filing and arbitration fees.
3. With respect to any Claims brought by Lyft against a Driver, or for Claims brought by a Driver against Lyft that: (A) are based on an alleged employment relationship between Lyft and a Driver; (B) arise out of, or relate to, Lyft’s actual deactivation of a Driver’s User account or a threat by Lyft to deactivate a Driver’s User account; (C) arise out of, or relate to, Lyft’s actual termination of a Driver’s Agreement with Lyft under the termination provisions of this Agreement, or a threat by Lyft to terminate a Driver’s Agreement; or (D) arise out of, or relate to, Fares (as defined in this Agreement, including Lyft’s commission on the Fares), tips, or average hourly guarantees owed by Lyft to Drivers for Services, other than disputes relating to referral bonuses, other Lyft promotions, or consumer-type disputes (the subset of Claims in subsections (A)-(D) shall be collectively referred to as “Driver Claims”), Lyft shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same Claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by Lyft pursuant to the fee provisions above). However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the Claim in the court of general jurisdiction in the province in which you provide Services to Riders, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (d)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator.
4. Except as provided in any applicable rules of civil procedure, each party shall pay its own legal fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
5. At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
6. Although under some laws Lyft may have a right to an award of legal fees and non-filing fee expenses if it prevails in an arbitration, Lyft agrees that it will not seek such an award.
7. If the arbitrator issues you an award that is greater than the value of Lyft’s last written settlement offer made after you participated in good faith in the optional negotiation process described in subsection (h) below, then Lyft will pay you the amount of the award or CDN$1,000, whichever is greater.

(e) Location and Manner of Arbitration.

Unless you and Lyft agree otherwise, any arbitration hearings between Lyft and a Rider will take place in the nearest municipality of your billing address, or, where appropriate arbitration facilities for the conduct of an AAA arbitration are not available in the municipality of your billing address, in the nearest municipality to your billing address in which such facilities are available, and any arbitration hearings between Lyft and a Driver will take place in the municipality in which the Driver provides Services or, where appropriate arbitration facilities for the conduct of an AAA arbitration are not available in the municipality in which the Driver provides Services, in the nearest municipality in which such facilities are available. If your Claim is for CDN$10,000 or less, Lyft agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the applicable AAA Rules. If your Claim exceeds CDN$10,000, the right to a hearing will be determined by the applicable AAA Rules.

(f) Severability.

In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

(g) Opting Out of Arbitration.

You may opt out of the requirement to arbitrate pursuant to the terms of this subsection. If you do not wish to be subject to this Arbitration Agreement, you may opt out of arbitration by notifying Lyft in writing of your desire to opt out of arbitration, which writing must be dated, signed and delivered by: (1) electronic mail to CNarbitrationoptout@lyft.com, or (2) by certified mail, postage prepaid and return receipt requested, or by any nationally recognized delivery service that is addressed to:

Lyft Canada Inc., ℅ General Counsel, 595 Burrard Street, P.O. Box 49314, Suite 2600, Three Bentall Centre, Vancouver BC V7X 1L3, Canada

In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Agreement, (B) the writing must include the name, phone number, and email address associated with your User Account, and (C) the email or envelope containing the signed writing must be sent within 30 days of the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and Lyft shall be bound by the terms of this Arbitration Agreement in full, to the extent allowable by law. You should assume that in the future there may be lawsuits against Lyft alleging class, collective, and/or representative Claims, in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration with Lyft under this Arbitration Agreement, you are agreeing in advance that you will bring all such Claims, and seek all monetary and other relief, against Lyft in an individual arbitration provision. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief for such Claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt-out of this Arbitration Agreement.

(h) Optional Pre-Arbitration Negotiation Process.

Before initiating any arbitration or proceeding, you and Lyft may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Lyft. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and lawyers are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

(i) Binding Effect; Third-Party Beneficiaries.

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 permitted assigns, where their underlying claim(s) arise out of or relate to your use of the Lyft Platform, Lyft Services, or Rideshare Services. To the extent that any third-party beneficiary to this Agreement brings claims against a party, those claims shall also be subject to this Arbitration Agreement.

(j) Limited Recourse.

You agree that, to the extent that any Lyft Affiliate provides benefits or services under or in connection with this Agreement, your use of the Lyft Platform, Lyft Services or Rideshare Services, the Lyft Affiliate does so on behalf of Lyft. You agree to bring any Claims that may be brought in connection with this Agreement, your use of the Lyft Platform, Lyft Services or Rideshare Services exclusively against Lyft. Lyft will respond to Claims that could, but for this provision, have been brought against a Lyft Affiliate and will not take the position, in responding to such a Claim, that it should have been brought against a Lyft Affiliate instead.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Lyft’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Lyft Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Lyft for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the Lyft Platform any Confidential Information obtained from the Lyft Platform. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Lyft in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Lyft with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Lyft or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Lyft; becomes known to you, without restriction, from a source other than Lyft without breach of this Agreement by you and otherwise not in violation of Lyft’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Lyft to enable Lyft to seek a protective order or otherwise prevent or restrict such disclosure.

Relationship with Lyft

As a Driver on the Lyft Platform, you acknowledge and agree that you and Lyft are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties, and that you shall at all times act as an independent contractor only. You and Lyft expressly agree that (1) this is not an employment agreement, (2) nothing in this Agreement or your interactions with Lyft creates an employment or dependent contractor relationship between you and Lyft; and (3) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Lyft, and you undertake not to at any time hold yourself out as an employee, partner, agent or authorized representative of Lyft.

You agree that your authority shall be limited to as set out herein and you shall not make, and have no right or authority to make or enter into any contracts or agreements whatsoever for or on behalf of Lyft. Lyft does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Rideshare Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Lyft Platform. Lyft does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day, or any minimum number of hours for you to utilize the Lyft Platform. You retain the option to accept or to decline or ignore a Rider’s request for Rideshare Services via the Lyft Platform, or to cancel an accepted request for Rideshare Services via the Lyft Platform, subject to Lyft’s then-current cancellation policies. Lyft does not, and shall not be deemed to, require you to accept any specific request for Rideshare Services as a condition of maintaining access to the platform. With the exception of any signage required by law or permit/license rules or requirements, Lyft shall have no right to require you to: (a) display Lyft’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Lyft’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Rideshare Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Rideshare Services to other companies, and that Lyft does not, and shall not be deemed to, restrict you from engaging in any such activity.

Third-Party Services

In addition to connecting Riders with Drivers, the Lyft Platform may enable Users to provide services or receive services from other third parties. For example, Users may be able to use the Lyft Platform to plan and reserve rides on public transportation, take a ride in an autonomous vehicle provided by a third party, rent vehicles, bikes, scooters, or other similar personal transportation devices provided by a third party, receive roadside assistance, or obtain financial, vehicle repair, insurance, or other services provided by third parties (collectively, the “Third-Party Services”). This Agreement between you and Lyft governs your use of the Lyft Platform in connection with the Third-Party Services.

In addition, you understand that the Third-Party Services may also be subject to terms and pricing of the third-party provider (collectively, the “Third-Party Terms”) which will govern your relationship with such third-party provider, as applicable. You agree that Lyft is not responsible and may not be held liable for the Third-Party Services or the actions or omissions of the third-party provider. Such Third-Party Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by Lyft, and Lyft is not responsible for any Third-Party Services accessed through the Lyft Platform.

In the event of a conflict in the terms of any Third-Party Terms and this Agreement, the terms of this Agreement shall control with respect to Lyft and your agreements with Lyft herein, and the limitations of liability set forth in Section 15 above shall also apply to the third-party provider. The Dispute Resolution and Arbitration Agreement provisions in Section 17 above shall apply instead of any terms in any Third-Party Terms for all purposes except with respect to claims that are solely against the third-party provider.

General

Except as provided in Section 17, this Agreement shall be governed by the laws of Ontario. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Lyft, in our sole discretion by providing notice to you. You may not assign this Agreement without Lyft’s prior written approval. Any purported assignment by you in violation of this Section 21 shall be void. Except as explicitly stated otherwise, any notices to Lyft shall be given by certified mail, postage prepaid and return receipt requested to Lyft Canada Inc., 595 Burrard Street, P.O. Box 49314, Suite 2600, Three Bentall Centre, Vancouver BC V7X 1L3, Canada. Any notices to you shall be provided to you through the Lyft Platform or given to you via the email address or physical address you provide to Lyft during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches, any such waiver shall be in writing. This Agreement sets forth the entire understanding and agreement between you and Lyft with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written. The place of this Agreement is Toronto, Ontario.

In the event that any portion of this Agreement, including any portion of the Arbitration Agreement, is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Agreement shall be given full force and effect.

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