PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF December 1, 2019.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement is a legally binding agreement ("Agreement") between you and Cablr Technologies, Inc., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "Cablr"," "we," "us" or "our") governing your use of the Cablr application, website, and technology platform (collectively, the "Cablr Platform").
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND CABLR CAN BE BROUGHT (SEE SECTION 17 BELOW). THESE PROVISIONS WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST CABLR TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
By entering into this Agreement, and/or by using or accessing the Cablr Platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section--) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE CABLR PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE CABLR PLATFORM.
The Cablr Platform provides a marketplace where persons who seek transportation to certain destinations ("Riders") can be matched with drivers who are driving to or through those destinations ("Drivers"). Drivers and Riders are collectively referred to herein as "Users," and the driving services provided by Drivers to Riders shall be referred to herein as "Ground Transportation Services." As a User, you authorize Cablr to match you with a Driver or Rider based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. Any decision by a User to offer or accept Ground Transportation Services is a decision made in such User's sole discretion. Each Ground Transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE GROUND TRANSPORTATION SERVICES DOES NOT ESTABLISH CABLR AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
Cablr reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Cablr 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 Cablr Platform or Ground Transportation Services after any such changes shall constitute your consent to such changes.
The Cablr Platform may only be used by individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. The Cablr 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, and you agree that you are the sole authorized user of your account. To use the Cablr Platform, each User shall create a User account. Each person may only create one User account, and Cablr reserves the right to deactivate any additional or duplicate accounts. By becoming a User, you represent and warrant that you are at least 18 years old.
Variable As a Rider, you understand that request or use of Ground Transportation Services may result in charges to you ("Charges"). Charges for Ground Transportation Services include Fares and other applicable fees, tolls, surcharges, and taxes, plus any tips to the Driver that you elect to pay. Cablr has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms on Cablr app 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., Cablr Black, Cablr Suv, Cablr Lux). You are responsible for reviewing the pricing or price quote within the Cablr app and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fares. There are two types of fares, variable and quoted.
Fees and Other Charges.
General.
If you are a Driver, you will receive payment for your provision of Ground Transportation Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and Cablr.
By entering into this Agreement or using the Cablr Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Cablr, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Cablr Platform or Ground Transportation Services, use of bikes and scooters through the Cablr Platform, updates concerning new and existing features on the Cablr Platform, communications concerning promotions run by us or our third-party partners, and news concerning Cablr and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
Your Information is any information you provide, publish or post to or through the Cablr Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Cablr-related Facebook, Instagram, Twitter or other social media posting) (your "Information"). You consent to us using your Information to create a User account that will allow you to use the Cablr Platform and participate in the Ground Transportation Services. Our collection and use of personal information in connection with the Cablr Platform and Ground Transportation Services is as provided in Cablr's Privacy Policy located at www.cablr.com/terms-services. 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 Cablr to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Cablr does not assert any ownership over your Information; rather, as between you and Cablr, 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.
Cablr, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Cablr. Cablr reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Cablr 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. Cablr reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.
Currently, Cablr's referral program ("Referral Program") provides you with incentives to refer your friends and family to become new Users of the Cablr Platform in your country (the "Referral Program"). Your participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.
With respect to your use of the Cablr Platform and your participation in the Ground Transportation Services, you agree that you will not:
By providing Ground Transportation Services as a Driver on the Cablr Platform, you represent, warrant, and agree that:
All intellectual property rights in the Cablr Platform shall be owned by Cablr absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Cablr 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 non-confidential and shall become the sole property of Cablr. Cablr shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
CABLR and other Cablr logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Cablr in the United States and/or other countries (collectively, the "Cablr Marks"). If you provide Ground Transportation Services as a Driver, Cablr 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 Cablr Marks solely on the Cablr stickers/decals, Cablr Amp, and any other Cablr-Branded items provided by Cablr directly to you in connection with providing the Ground Transportation Services ("License"). The License is 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 Cablr's prior written permission, which it may withhold in its sole discretion. The Cablr logo (or any Cablr Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a Cablr Mark in a domain name or Cablr referral code, or use of a Cablr Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the Cablr Platform, but may not misidentify yourself as Cablr, an employee of Cablr, or a representative of Cablr.
You acknowledge that Cablr is the owner and licensor of the Cablr Marks, including all goodwill associated therewith, and that your use of the Cablr logo (or any Cablr Marks) will confer no interest in or ownership of the Cablr Marks in you but rather inures to the benefit of Cablr. You agree to use the Cablr logo strictly in accordance with Cablr's Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Cablr determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the Cablr Marks or any derivatives of the Cablr Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Cablr in writing; (2) use the Cablr Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Cablr Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Cablr's rights as owner of the Cablr Marks or the legality and/or enforceability of the Cablr Marks, including, challenging or opposing Cablr's ownership in the Cablr Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Cablr Marks, any derivative of the Cablr Marks, any combination of the Cablr Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Cablr Marks; (5) use the Cablr Marks on or in connection with any product, service 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 Cablr driver amp, or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic Cablr driver amps or other Cablr Marks or (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from Cablr.
Violation of any provision of this License may result in immediate termination of the License, in Cablr's sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Cablr Marks (in violation of this Agreement or otherwise), you agree that upon their creation Cablr exclusively owns all right, title and interest in and to such materials, including any modifications to the Cablr Marks or derivative works based on the Cablr Marks or Cablr copyrights. You further agree to assign any interest or right you may have in such materials to Cablr, and to provide information and execute any documents as reasonably requested by Cablr to enable Cablr to formalize such assignment.
Cablr respects the intellectual property of others and expects Users to do the same.
The following disclaimers are made on behalf of Cablr, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Cablr does not provide transportation services, and Cablr is not a transportation carrier. Cablr 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 Cablr Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the Cablr 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 Ground Transportation Services.
The Cablr 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 Cablr Platform and/or the Ground Transportation Services, including the ability to provide or receive Ground Transportation Services at any given location or time. 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 states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Cablr Platform or Ground Transportation Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Cablr Platform will be corrected, or that the Cablr Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Cablr Platform or Ground Transportation Services.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the Cablr Platform and Ground Transportation 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 Cablr 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.
Cablr is not responsible for the conduct, whether online or offline, of any User of the Cablr Platform or Ground Transportation 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 Cablr Platform and participating in the Ground Transportation Services, you agree to accept such risks and agree that Cablr is not responsible for the acts or omissions of Users on the Cablr Platform or participating in the Ground Transportation Services.
You are responsible for the use of your User account and Cablr expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Cablr Platform (including any profile information you provide), send to other Users, or share during the Ground Transportation 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 Cablr Platform or through the Ground Transportation Services. Please carefully select the type of information that you post on the Cablr Platform or through the Ground Transportation 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 Cablr or made available through the Cablr 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 Cablr Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Cablr 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 Cablr 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 Cablr, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Cablr Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Cablr Platform may be accessible to Cablr and certain Users of the Cablr Platform.
Cablr advises you to use the Cablr Platform with a data plan with unlimited or very high data usage limits, and Cablr shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Cablr Platform.
This paragraph applies to any version of the Cablr Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Cablr. Apple, Inc. ("Apple") is not a party to this Agreement and shall have no obligations with respect to the Cablr Platform. Cablr, not Apple, is solely responsible for the Cablr 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 the 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 "Cablr Mapbox" while providing Ground Transportation Services on the Platform. Riders and Drivers may also use Google Maps while using the App. In either case, you agree that Google may collect your location data when the Cablr App is running in order to provide and improve Google's services, that such data may also be shared with Cablr in order to improve its operations, and that Google's terms and privacy policy will apply to this usage.
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.Cablr.com/terms/disclosures . We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
You will defend, indemnify, and hold Cablr including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Cablr Platform and participation in the Ground Transportation 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 that you submit to us or transmit through the Cablr Platform or to us infringe or otherwise violate 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 Ground Transportation Services as a Driver; and/or (5) any other activities in connection with the Ground Transportation Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
IN NO EVENT WILL CABLR, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY "CABLR" 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 CABLR PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE CABLR PLATFORM, THE GROUND TRANSPORTATION 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 CABLR PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT CABLR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. 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.
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days' prior written notice to Cablr; 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) through (i) of this Agreement. In addition, Cablr may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Ground Transportation Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Cablr's star rating or cancellation threshold; (3) Cablr has the good faith belief that such action is necessary to protect the safety of the Cablr community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Cablr's reasonable satisfaction prior to Cablr 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 Cablr'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.
(a) Agreement to Binding Arbitration Between You and Cablr.
YOU AND CABLR MUTUALLY AGREE TO WAIVE 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") is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Cablr ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Cablr, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and Cablr's service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A "CLAIM" AND COLLECTIVELY, "CLAIMS") SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND CABLR. These Claims include, 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 Cablr Platform, the Ground Transportation Services, Cablr promotions, gift card, referrals or loyalty programs, any other goods or services made available through the Cablr Platform, your relationship with Cablr, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on Cablr's behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Cablr, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Cablr and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All 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, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND CABLR ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND CABLR MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS ("CLASS ACTION WAIVER"). YOU UNDERSTAND AND AGREE THAT YOU AND CABLR 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. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST CABLR, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
The arbitrator 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. 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.
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 with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought 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 or remedies to the fullest extent possible.
(c) Representative PAGA Waiver.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and Cablr agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 ("PAGA"), California Labor Code $ 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Cablr agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, "representative PAGA Waiver"). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
(d) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by an agreeable alternative dispute company located in Los Angeles County.
As part of the arbitration, both you and Cablr 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 having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
(e) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant American Arbitration Association ("AAA") Rules subject to the following modifications:
(f) Location and Manner of Arbitration.
Unless you and Cablr agree otherwise, any arbitration hearings between Cablr and a Rider will take place in Los Angeles County.
(g) Exceptions to Arbitration.
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court's jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers' compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board ("NLRB"), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
(h) Severability.
In addition to the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Cablr's business, operations and properties, information about a User made available to you in connection with such User's use of the Platform, which may include the User's name, pick-up location, contact information and photo ("Confidential Information") disclosed to you by Cablr 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 Cablr Platform any User Information obtained from the Cablr Platform. As a Driver, you understand that some of Rider Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 ("HIPAA"), governing the privacy and security of protected (patient) health information. In the event that you know a Rider, you should not disclose to anyone the identity of the Rider or the location that you picked up, or dropped of the Rider as this could violate HIPAA. You understand that any violation of the Agreement's confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Cablr in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Cablr with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Cablr 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 Cablr; becomes known to you, without restriction, from a source other than Cablr without breach of this Agreement by you and otherwise not in violation of Cablr'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 Cablr to enable Cablr to seek a protective order or otherwise prevent or restrict such disclosure.
As a Driver on the Cablr Platform, you acknowledge and agree that you and Cablr are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Cablr expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Cablr; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Cablr, and you undertake not to hold yourself out as an employee, agent or authorized representative of Cablr.
Cablr 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 Ground Transportation 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 Cablr Platform. You retain the option to accept or to decline or ignore a Rider's request for Ground Transportation Services via the Cablr Platform, or to cancel an accepted request for Ground Transportation Services via the Cablr Platform, subject to Cablr's then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Cablr shall have no right to require you to display Cablr's names, logos or colors on your vehicle(s). You acknowledge and agree that you have complete discretion to provide Ground Transportation Services or otherwise engage in other business or employment activities.
Except as provided in Section 17, this Agreement shall be governed by the laws of the State of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non- Californians to assert claims under California law whether by statute, common law, or otherwise. 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 Cablr, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Cablr shall be given by certified mail, postage prepaid and return receipt requested to Cablr, 1108 Stanley Ave. No. 3 Glendale, California 91206. Any notices to you shall be provided to you through the Cablr Platform or given to you via the email address or physical you provide to Cablr 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. This Agreement sets forth the entire understanding and agreement between you and Cablr with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
Drivers will lose their referrals if they are not active (driving for Cablr) for a period of 12 months minimum. Last date of driver activity in the Cablr system will be used to calculate when the 12 month period starts and ends.
Cablr will send an email to the inactive driver 30 days and 15 days before the 12 month period is reached. A Third email will be sent to the driver once the 12 month period of inactivity is reached. This third email will inform the driver that they have lost all of their referrals and therefore Cablr will no longer be paying a referral commission to the Driver.
Drivers can come back and drive for Cablr but they will still have forfeited all of their referrals and will have to start all over to add new referrals.
Cablr uses third party software www.flightaware.com's to obtain flight information, and that www.flightaware.com's terms and privacy policy will apply to this usage. As a courtesy to our Riders, Cablr will aim to provide accurate flight notifications when Riders enter their flight details in the Cablr app for airport pickups or drop offs. However, Cablr does not assume any responsibility for missed flights by Riders regardless of whether or not the Cablr application is functioning. Cablr encourages riders to take the responsibility of monitoring their own flight information as needed and to effectively communicate with Cablr for any flight departure or arrival changes when using Cablr for airport pickups and/or drop-offs.
If you, as a Rider, order a Cablr car with the car seat option, the Cablr Driver is only permitted to supply you with the car seat. The Driver is not allowed to place the car seat in the vehicle or to secure the child in the car seat. The sole responsibility of placing the car seat into the car and safely securing both the car seat and the child in the car seat belongs entirely on the parent or the adult guardian who is responsible for the child.
Only riders age 21 or older are legally allowed to order and ride in a Cablr designated smoking car. A Rider cannot smoke in the car if there are any other riders/passengers under the age of 18 years old.
Cablr does not assume any responsibility whatsoever for the handling or maintenance of any baggage, parcels or other property. Baggage and all other personal property will be handled only at Client's own risk. Client's baggage shall be carried subject to the available accommodations.
Discrimination against passengers or drivers on the basis of race, color, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation is not allowed, and can result in deactivation from the platform.
Cablr is committed to maintaining an inclusive and welcoming community, and our mission is ensuring people who need rides most are able to get them. Refusing passengers with service animals is a violation of our terms of service. Discrimination of any kind may result in the offender's immediate deactivation.
Cablr's policy is that passengers who use wheelchairs that can safely and securely fit in the car's trunk or backseat without obstructing the driver's view should be reasonably accommodated by drivers on the Cablr platform. Drivers should make every reasonable effort to transport the passenger and their wheelchair.
If you refuse to provide a ride to a passenger whose wheelchair could be reasonably accommodated, we'll follow up with you to find out why. Drivers who found to have unreasonably refused to transport passengers with lightweight wheelchairs that can be dismantled or folded are liable to be removed as drivers on the Cablr platform.
Passenger transfer
Coordinate a safe loading zone away from obstructing traffic. Many passengers with manual wheelchairs don't require assistance, so consider asking the passenger with a disability, "Is there any way I can assist you?"
If their answer is yes, let them instruct you first. Assistance doesn't always require lifting the passenger. They'll know their needs best and will tell you whether to hold the door open or how to help.
Wheelchair loading tips
Every device is different. Even if you haven't been able to load a wheelchair in the past, it might be worth a try with these tips.
Once the passenger is safely in their seat, ask for device storage instructions before disassembling a wheelchair. Most wheelchairs will fit in your trunk or backseat, so consider keeping a blanket in your vehicle to lay over your seats.
Wheelchairs are typically foldable or have a rigid frame.
Foldable wheelchairs
You'll usually need to remove the seat cushion before folding the chair. Your passenger may want to hold onto their chair, so ask them first.
Rigid-frame wheelchairs
Ask the passenger where the eject button is on the bigger wheels. Tilt the chair to one side, press the button, and pull the wheel from the frame. Repeat this on the other side, but be careful to avoid getting spoke lubricant on your hands.
If the rigid frame fits in your trunk, lay it next to its wheels. Otherwise, buckle it into one of your back seats. Some rigid-frame wheelchairs may even fit on a seat with the front wheels in the foot cubby.
If you have a hatchback car, it might be possible to store a rigid-frame chair alongside two passengers without disassembling the chair. Fold down one half of your back seat, then lock the wheelchair's back wheels. Now load the chair into your trunk on its side.
If a wheelchair doesn't fit
Sometimes, larger wheelchairs can't be accommodated. After making a reasonable effort to load the chair, drivers should cancel the ride.
If this happens, drivers should also notify Cablr. We're available 24 hours a day, 7 days a week.
What you need to know
When it comes to transporting riders with service animals, drivers on the Cablr platform should remember one thing: Always Say Yes.You're required by the law and Cablr's policy to always accommodate service animals, even if you have an allergy, religious or cultural objections, or a fear of them.
We know service animals can raise some questions for Cablr drivers, but they're essential for many people. Cablr drivers like you are in a unique position to help riders with service animals get around effortlessly in their community - thanks for taking this seriously and being there when people need your rides the most.
FAQ for Drivers
What is a service animal?
Service animals are working animals, not pets. Service animals undergo extensive training to assist individuals with disabilities. They help blind people travel, alert deaf people to sounds, protect persons who are having a seizure, and perform many other tasks to help individuals with disabilities.
Service animals are not required to wear a tag or vest or be registered. Riders with service animals do not need to display any kind of proof that their animal is a service animal. In other words, if a rider with a dog says it is a service animal, the driver should transport the rider.
As an independent contractor, isn't it my choice to accommodate service animals?
We created Cablr for people who love flexibility and freedom, and that's still the case. But even independent contractors have to follow the law. For example, it's Cablr policy and the law that you and your riders wear a seatbelt while driving for Cablr. Similarly, it's Cablr policy and the law that you accommodate service animals.
What are the consequences for refusing to take a rider with a service animal?
If a driver refuses a rider with a service animal, the driver could face immediate and permanent deactivation if an investigation into the alleged denial verifies a wrongful denial.
How can I tell if a service animal is a true service animal? What if I think a passenger is misrepresenting their dog as a service animal?
The good news is that cases of service-animal fraud are rare in our community and will put passengers at risk of deactivation. But if you want, you may ask two questions of riders who report their animals are service animals: (1) Is the animal required because of a disability? And (2) what work or task has the animal been trained to perform? These questions will usually prove to you that the animal in question is a service animal.
That said, we don't want you to risk your own deactivation by guessing incorrectly. Some passengers use service animals for reasons that aren't obvious, like epilepsy or heart conditions. Not all service animals wear tags, and they come in all shapes and sizes. For these reasons, it's best that you accommodate animals when they're reported to you by riders as being service animals.
I'm a driver with a service animal - what are the rules?
It's Cablr's policy that drivers are permitted to ride with their service animals. However, this may limit the number of passengers you can carry, and some passengers may be uncomfortable or allergic around your service animal and will ask you to cancel their request. It's advised that you call the passenger in advance to notify them of the service animal. If they're unable to ride with your service animal, you must cancel the ride so they can request another driver. Pro-tip: If the request came from nearby, sign out of driver mode for a minute so that you don't receive the passenger's next request.
What if a rider in my Shared Cablr has an allergy or objection to the service animal?
If a rider's allergies or objections to the service animal are severe, the rider may ask to request a different ride. If necessary, you may cancel the non-service animal rider's ride without penalty. If you ever have a problem as a driver - or concerns about your rating - reach out to Cablr and we'll guide you through it after the ride.
Am I required to transport animals that aren't service animals?
If you ask the two questions above and the rider tells you that the animal is not a service animal, you have control to cancel the ride and let support know - it won't impact your cancel rating.
Although we encourage you to take all animals, emotional support animals aren't covered under our Service Animal Policy or the law so you're not required to accommodate them.
What's the best way to transport a service animal?
Many service animals are trained to ride in vehicles, or sit on the floor of the rear seat. Some drivers like to carry a towel or blanket in their vehicle, and place these items on the seats to protect them.
These Terms and Conditions form part of the Agreement between YOU and CABLR. By accessing this application and/ or by signing in, YOU are indicating that YOU have read and agree to the Privacy Policy and the Terms and Conditions of services contained herein.
CABLR TECHNOLOGIES, INC., 2019