Last Updated: June 30‚ 2017
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Muovv‚ LLC. (“Muovv‚” “we‚” “us” or “our”) governing your use of the Muovv application‚ website‚ and technology platform (collectively‚ the “Muovv platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND MUOVV HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 17 BELOW). THESE PROVISIONS WILL‚ WITH LIMITED EXCEPTION‚ REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST MUOVV 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. AS A DRIVER‚ YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 17.
By entering into to this Agreement‚ you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions Section 17) 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 MUOVV PLATFORM.
The Muovv Platform provides a marketplace where persons who seek transportation to certain destinations (“Clients”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users‚” and each User shall create a User account that enables access to the Muovv Platform. For purposes of this Agreement‚ the driving services provided by Drivers to Clients that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Client shall constitute a separate agreement between such persons.
In the event Muovv modifies the terms and conditions of this Agreement‚ such modifications shall be binding on you only upon your acceptance of the modified Agreement. Muovv reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time‚ and such modifications shall become effective upon posting. Continued use of the Muovv Platform or Services after any such changes shall constitute your consent to 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).
The Muovv Platform may only be used by individuals who can form legally binding contracts under applicable law. The Muovv Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User‚ you represent and warrant that you are at least 18 years old and that you have the right‚ authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account‚ and you agree that you are the sole authorized user of your account.
As a Client‚ you agree to pay the amounts charged for your use of the Muovv’s Platform and Services (“Charges”). Charges include Fares and other applicable fees‚ tolls‚ surcharges‚ and taxes as set forth on your market’s Muovv Cities‚ plus any tips to the Driver that you elect to pay. Muovv has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s Muovv Cities. Pricing may vary based on the type of service you request. You are responsible for reviewing the applicable Muovv agreement and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fees and Other Charges.
If you are a Driver‚ you will receive payment for your provision of Services. All Haul payments are subject to a Muovv Commission‚ discussed below. You will also receive any tips provided by Clients to you‚ and tips will not be subject to any Muovv Commission. Muovv will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.
By becoming a User‚ 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 Muovv‚ its affiliated companies and/or Drivers‚ may include but are not limited to: operational communications concerning your User account or use of the Muovv Platform or Services‚ updates concerning new and existing features on the Muovv Platform‚ communications concerning promotions run by us or our third– party partners‚ and news concerning Muovv and industry developments. 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 46080 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 MUOVV PLATFORM OR THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM MUOVV (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS)‚ HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE MUOVV PLATFORM OR THE SERVICES.
You may be able to create or log–in to your Muovv User account through online accounts you may have with third party social networking sites (each such account‚ an “SNS Account”). By connecting to Muovv through an SNS Account‚ you understand that Muovv may access‚ store‚ and make available any SNS Account content according to the permission settings of your SNS Account (e.g.‚ friends‚ mutual friends‚ contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the Muovv Platform to other Users. Unless otherwise specified in this Agreement‚ all SNS Content‚ if any‚ shall be considered to be your Information.
Muovv‚ at its sole discretion‚ may make available promotions with different features to any Users or prospective Users. These promotions‚ unless made to you‚ shall have no bearing whatsoever on your Agreement or relationship with Muov. Muovv reserves the right to withhold or deduct credits or benefits obtained through a promotion the event that Muovv 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 terms or this Agreement.
As part of your User account‚ Muovv may provide you with or allow you to create a “Muovv Code‚” a unique alphanumeric code for you to distribute to friends‚ family and other persons (each a “Referred User”) to become new Muovv Client (“Referred Clients”) or Drivers (“Referred Drivers”). Muovv Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell‚ trade‚ or barter your Muovv Code. You are prohibited from advertising Muovv Codes‚ including but not limited to: Google‚ Facebook‚ Twitter‚ Bing and Craigslist. Muovv reserves the right to deactivate or invalidate any Muovv Code at any time in Muovv’s discretion.
From time to time‚ Muovv may offer you with incentives to refer new Users to the Muovv community (the “Referral Program”). These incentives may come in the form of Muovv Credits‚ and Muovv may set or change the incentive types‚ amounts‚ terms‚ restrictions‚ and qualification requirements for any incentives in its sole discretion. Your distribution of Muovv Codes and participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.
With respect to your use of the Muovv Platform and your participation in the Services‚ you agree that you will not:
By providing Services as a Driver on the Muovv Platform‚ you represent‚ warrant‚ and agree that:
All intellectual property rights in the Muovv Platform shall be owned by Muovv absolutely and in their entirety. These rights include and are not limited to 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 Muovv 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 Muovv. Muovv 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.
MUOVV and other Muovv logos‚ designs‚ graphics‚ icons‚ scripts and service names are registered trademarks‚ trademarks or trade dress of Muovv in the United States and/or other countries (collectively‚ the “Muovv Marks”). If you provide Services as a Driver‚ Muovv 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 Muovv Marks solely in connection with providing the Services through the Muovv Platform (“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 Muovv’s prior written permission‚ which it may withhold in its sole discretion. The Muovv Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Muovv is the owner and licensor of the Muovv Marks‚ including all goodwill associated therewith‚ and that your use of the Muovv Marks will confer no additional interest in or ownership of the Muovv Marks in you but rather inures to the benefit of Muovv. You agree to use the Muovv Marks strictly in accordance with Muovv’s Trademark Usage Guidelines‚ as may be provided to you and revised from time to time‚ and to immediately cease any use that Muovv determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that incorporate the Muovv Marks or any derivatives of the Muovv Marks other than as expressly approved by Muovv in writing; (2) use the Muovv Marks in any way that tends to impair their validity as proprietary trademarks‚ service marks‚ trade names or trade dress‚ or use the Muovv Marks other than in accordance with the terms‚ conditions and restrictions herein; (3) take any other action that would jeopardize or impair Muovv’s rights as owner of the Muovv Marks or the legality and/or enforceability of the Muovv Marks‚ including‚ without limitation‚ challenging or opposing Muovv’s ownership in the Muovv Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Muovv Marks‚ any derivative of the Muovv Marks‚ any combination of the Muovv Marks and any other name‚ or any trademark‚ service mark‚ trade name‚ symbol or word which is similar to the Muovv Marks; (5) use the Muovv Marks on or in connection with any product‚ service or activity that is in violation of any law‚ statute‚ government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License‚ in Muovv’s sole discretion. If you create any materials bearing the Muovv Marks (in violation of this Agreement or otherwise)‚ you agree that upon their creation Muovv exclusively owns all right‚ title and interest in and to such materials‚ including without limitation any modifications to the Muovv Marks or derivative works based on the Muovv Marks. You further agree to assign any interest or right you may have in such materials to Muovv‚ and to provide information and execute any documents as reasonably requested by Muovv to enable Muovv to formalize such assignment.
Muovv respects the intellectual property of others‚ and expects Users to do the same. If you believe‚ in good faith‚ that any materials on the Muovv Platform or Services infringe upon your copyrights‚ please visit Copyright Policy page for information on how to make a copyright complaint.
The following disclaimers are made on behalf of Muovv‚ our affiliates‚ subsidiaries‚ parents‚ successors and assigns‚ and each of our respective officers‚ directors‚ employees‚ agents‚ and shareholders.
Muovv does not provide transportation services‚ and Muovv is not a transportation carrier. It is up to the Driver to decide whether or not to offer a ride to a Client contacted through the Muovv Platform‚ and it is up to the Client to decide whether or not to accept a haul from any Driver contacted through the Muovv Platform. We cannot ensure that a Driver or Client 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 Services.
The Muovv 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 Muovv Platform and/or the Services‚ including the ability to provide or receive Services at any given location or time. 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 Muovv Platform or Services will be accurate‚ complete‚ reliable‚ current‚ secure‚ uninterrupted‚ always available‚ or error– free‚ or will meet your requirements‚ that any defects in the Muovv Platform will be corrected‚ or that the Muovv 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 Muovv Platform or Services.
We cannot guarantee that each Client is who he or she claims to be. Please use common sense when using the Muovv Platform and Services‚ including looking at the photos of the Driver or Client 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 Muovv Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Client prior to engaging in an arranged transportation service.
Muovv is not responsible for the conduct‚ whether online or offline‚ of any User of the Muovv Platform or 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 Clients. By using the Muovv Platform and participating in the Services‚ you agree to accept such risks and agree that Muovv is not responsible for the acts or omissions of Users on the Muovv Platform or participating in the Services.
Muovv 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 Muovv Platform (including any profile information you provide)‚ send to other Users‚ or share during the 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 Muovv Platform or through the Services. Please carefully select the type of information that you post on the Muovv Platform or through the 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 Muovv or made available through the Muovv 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 Muovv Platform or otherwise. We reserve the right‚ but we have no obligation‚ to monitor the materials posted on the Muovv 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 Muovv 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 Muovv‚ nor any of its content providers‚ guarantees the availability‚ accuracy‚ completeness‚ reliability‚ or timeliness of location data tracked or displayed by the Muovv Platform. Any of your Information‚ including geolocational data‚ you upload‚ provide‚ or post on the Muovv Platform may be accessible to Muovv and certain Users of the Muovv Platform.
Muovv advises you to use the Muovv Platform with a data plan with unlimited or very high data usage limits‚ and Muovv shall not responsible or liable for any fees‚ costs‚ or overage charges associated with any data plan you use to access the Muovv Platform.
This paragraph applies to any version of the Muovv Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Muovv. Apple‚ Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Muovv Platform. Muovv‚ not Apple‚ is solely responsible for the Muovv 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.
You will defend‚ indemnify‚ and hold Muovv 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 Muovv Platform and participation in the 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‚ without limitation‚ Drivers‚ Clients‚ 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 Muovv 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 Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party‚ including any indemnified person.
IN NO EVENT WILL MUOVV‚ INCLUDING OUR AFFILIATES‚ SUBSIDIARIES‚ PARENTS‚ SUCCESSORS AND ASSIGNS‚ AND EACH OF OUR RESPECTIVE OFFICERS‚ DIRECTORS‚ EMPLOYEES‚ AGENTS‚ OR SHAREHOLDERS (COLLECTIVELY “MUOVV” FOR PURPOSES OF THIS SECTION)‚ BE LIABLE TO YOU FOR ANY INCIDENTAL‚ SPECIAL‚ EXEMPLARY‚ PUNITIVE‚ CONSEQUENTIAL‚ OR INDIRECT DAMAGES (INCLUDING‚ BUT NOT LIMITED TO‚ DAMAGES FOR DELETION‚ CORRUPTION‚ LOSS OF DATA‚ LOSS OF PROGRAMS‚ FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE MUOVV PLATFORM‚ SERVICE INTERRUPTIONS‚ OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE MUOVV PLATFORM‚ THE 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 MUOVV PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION‚ GOODS‚ OR OTHER SERVICES WITH THIRD PARTY PROVIDERS‚ BUT YOU AGREE THAT MUOVV 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 THERE TERMS. 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. MUOVV IS NOT RESPONSIBLE FOR DAMAGES OF ANY ITEMS CONTRACTED TO PICK UP AND DELIVER. IT IS THE SOLE RESPONSIBILITY OF THE CLIENT TO PROPERLY SECURE ANY ITEMS BEING TRANSPORTED. DRIVER MAY ASSIST UPON REQUEST FROM CLIENT TO DO SO AT THE DISCRETION OF THE DRIVER. MUOVV ACCEPTS NO CLAIM FOR ANY DAMAGES‚ MISSING ITEMS AND/OR PARTS.
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 Muovv; 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‚ Muovv may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law‚ rule‚ permit‚ ordinance or regulation; (2) you fall below Muovv’s star rating or cancellation threshold; (3) Muovv has the good faith belief that such action is necessary to protect the safety of the Muovv 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 Muovv’s reasonable satisfaction prior to Muovv 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 Muovv’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 Muovv.
YOU AND MUOVV 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 Muovv 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 Muovv‚ including our affiliates‚ subsidiaries‚ parents‚ successors and assigns‚ and each of our respective officers‚ directors‚ employees‚ agents‚ or shareholders.
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 MUOVV. 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 MUOVV Platform‚ the Services‚ any other goods or services made available through the Muovv Platform‚ your relationship with Muovv‚ 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 Muovv‚ 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 Muovv 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 MUOVV 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 MUOVV 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 MUOVV 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 MUOVV‚ 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.
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 on 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) Representative PAGA Waiver.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement‚ to the fullest extent permitted by law: (1) you and Muovv 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 Muovv 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 the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated‚ as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1–800–778–7879. 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 AAA Rules‚ but in no event shall the arbitrator consolidate more than one person’s Claims‚ or otherwise preside over any form of representative‚ collective‚ or class proceeding.
As part of the arbitration‚ both you and Muovv 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 AAA Rules subject to the following modifications:
(f) Location and Manner of Arbitration.
Unless you and Muovv agree otherwise‚ any arbitration hearings between Muovv and a Rider will take place in the county of your billing address‚ and any arbitration hearings between Muovv and a Driver will take place in the county in which the Driver provides Services. If AAA arbitration is unavailable in your county‚ the arbitration hearings will take place in the nearest available location for a AAA arbitration. If your Claim is for $10‚000 or less‚ Muovv 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 AAA Rules. If your Claim exceeds $10‚000‚ the right to a hearing will be determined by the AAA Rules.
(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; (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 law.
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‚ 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 you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. 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.
In addition to the severability provisions in subsections (c) above‚ 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.
(i) Driver Claims in Pending Settlement.
If you are a member of a putative class in a lawsuit against Muovv involving Driver Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”)‚ then this Arbitration Agreement shall not apply to your Driver Claims in that particular class action. Instead‚ your Driver Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.
(j) Opting Out of Arbitration for Driver Claims That Are Not In a Pending Settlement Action.
As a Driver‚ you may opt out of the requirement to arbitrate Driver Claims defined in Section 17(e)(3) (except as limited by Section 17(i) above) pursuant to the terms of this subsection. If you do not wish to be subject to this Arbitration Agreement with respect to Driver Claims‚ you may opt out of arbitration with respect to such Driver Claims‚ other than those in a Pending Settlement Action‚ by notifying Muovv in writing of your desire to opt out of arbitration for such Driver Claims‚ which writing must be dated‚ signed and delivered by: (1) by certified mail‚ postage prepaid and return receipt requested‚ or by any nationally recognized delivery service (e.g‚ UPS‚ Federal Express‚ etc.) that is addressed to:
403 Pulse Ave
Hnederson‚ Nv 89011
Cases have been filed against Muovv and may be filed in the future involving Driver Claims. You should assume that there are now‚ and may be in the future‚ lawsuits against Muovv alleging class‚ collective‚ and/or representative Driver 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 of Driver Claims with Muovv under this Arbitration Agreement‚ you are agreeing in advance that you will bring all such claims‚ and seek all monetary and other relief‚ against Muovv in an individual arbitration provision‚ except for the Driver Claims that are part of a Pending Settlement Action. 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 any Driver Claims under this Arbitration Agreement.
(k) Optional Pre–Arbitration Negotiation Process.
Before initiating any arbitration or proceeding‚ you and Muovv 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 Muovv. 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 attorneys 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.
You agree not to use any technical‚ financial‚ strategic and other proprietary and confidential information relating to Muovv’s business‚ operations and properties‚ including User information (“Confidential Information”) disclosed to you by Muovv 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. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Muovv in order to prevent it from falling into the public domain. Notwithstanding the above‚ you shall not have liability to Muovv with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Muovv 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 Muovv; becomes known to you‚ without restriction‚ from a source other than Muovv without breach of this Agreement by you and otherwise not in violation of Muovv’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 Muovv to enable Muovv to seek a protective order or otherwise prevent or restrict such disclosure.
As a Driver on the Muovv Platform‚ you acknowledge and agree that you and Muovv are in a direct business relationship‚ and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Muovv expressly agree expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Muovv; and (2) no joint venture‚ franchisor–franchisee‚ partnership‚ or agency relationship is intended or created by this Agreement. You have no authority to bind Muovv‚ and you undertake not to hold yourself out as an employee‚ agent or authorized representative of Muovv.
Muovv 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 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 Muovv Platform. You retain the option to accept or to decline or ignore a Client’s request for Services via the Muovv Platform‚ or to cancel an accepted request for Services via the Muovv Platform‚ subject to Muovv’s then–current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements‚ Muovv shall have no right to require you to: (a) display Muovv’s names‚ logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Muovv’s names‚ logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities. IN ADDITION‚ WHEN THE AGREEMENT BETWEEN DRIVER AND MUOVV IS TERMINATED DRIVER MUST RETURN LOGO PLACARD. THE LAST PAYMENT MAY BE WITHHELD UNTIL MUOVV PROPERTY IS RETURNED.
In addition to connecting Clients with Drivers‚ the Muovv Platform may enable Users to provide or receive goods or services from other third parties. For example‚ Users may be able to use the Muovv Platform to order a delivery of goods‚ purchase a digital item‚ request a carpool ride from a commuter going in your direction‚ or when travelling outside of the United States‚ to connect with local transportation platforms and request rides from local drivers (collectively‚ the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third–party provider. If you choose to purchase Other Services through the Muovv Platform‚ you authorize Muovv to charge your payment method on file according to the pricing terms set by the third–party provider. You agree that Muovv is not responsible and may not be held liable for the Other Services or the actions or omissions of the third– party provider. Such Other Services may not be investigated‚ monitored or checked for accuracy‚ appropriateness‚ or completeness by us‚ and we are not responsible for any Other Services accessed through the Muovv Platform.
Last Updated: June 30‚ 2017
A. Information You Provide to Us
Registration Information. When you sign up for a Muovv account‚ you give us your name‚ email address‚ and phone number. If you decide to sign up for Muovv using your Facebook account‚ we will also get basic information from your Facebook profile like your name‚ gender‚ profile photo‚ and Facebook friends.
User Profile Information. When you join the Muovv community‚ you can create a Muovv Profile to share fun facts about yourself‚ and discover mutual friends and interests. Filling out a profile is optional‚ and you can share as little or as much as you want. Your name (and for Drivers‚ Profile photos) is always part of your Profile. Read more below about how you can control who sees your Profile. You can also add a Business Profile to your account‚ which requires a designated business email address and payment method.
Payment Method. When you add a credit card or payment method to your Muovv account‚ a third party that handles payments for us will receive your card information. To keep your financial data secure‚ we do not store full credit card information on our servers.
Communications. If you contact us directly‚ we may receive additional information about you. For example‚ when you contact our Customer Support Team‚ we will receive your name‚ email address‚ phone number‚ the contents of a message or attachments that you may send to us‚ and other information you choose to provide.
Driver Application Information. If you decide to join our Muovv driver community‚ in addition to the basic registration information we ask you for your date of birth‚ physical address‚ Social Security number‚ driver’s license information‚ vehicle information‚ car insurance information‚ and in some jurisdictions we may collect additional business license or permitting information. We share this information with our partners who help us by running background checks on Drivers to help protect the Muovv community.
Payment Information. To make sure Drivers get paid‚ we keep information about Drivers’ bank routing numbers‚ tax information‚ and any other payment information provided by Drivers.
B. Information We Collect When You Use the Muovv Platform
Location Information. Muovv is all about connecting Drivers and Riders. To do this‚ we need to know where you are. When you open Muovv on your mobile device‚ we receive your location. We may also collect the precise location of your device when the app is running in the foreground or background. If you label certain locations‚ such as “home” and “work‚” we receive that information‚ too.
Your location information is necessary for things like matching Riders with nearby Drivers‚ determining drop off and pick up locations‚ and suggesting destinations based on previous trips. Also‚ if the need ever arises‚ our Trust & Safety team may use and share location information to help protect the safety of Muovv Users or a member of the public. In addition to the reasons described above‚ Drivers’ location information and distance travelled is necessary for calculating charges and insurance for Muovv clients. If you give us permission through your device settings or Muovv app‚ we may collect your location while the app is off to identify promotions or service updates in your area.
Device Information. Muovv receives information from Users’ devices‚ including IP address‚ web browser type‚ mobile operating system version‚ phone carrier and manufacturer‚ application installations‚ device identifiers‚ mobile advertising identifiers‚ push notification tokens‚ and‚ if you register with your Facebook account‚ your Facebook identifier. We collect mobile sensor data from Drivers’ devices (such as speed‚ direction‚ height‚ acceleration or deceleration) to improve location accuracy and analyze usage patterns.
Usage Information. To help us understand how you use the Muovv Platform and to help us improve it‚ we automatically receive information about your interactions with the Muovv Platform‚ like the pages or other content you view‚ your actions within the Muovv app‚ and the dates and times of your visits.
Call and Text Information. We work with a third party partner to facilitate phone calls and text messages between Riders and Drivers who have been connected for a ride. We receive information about these communications including the date and time of the call or SMS message‚ the parties’ phone numbers‚ and the content of any SMS messages. For security purposes‚ we may also monitor and/or record the contents of phone calls made on the Muovv Platform‚ such as those between Riders and Drivers. You will be given notice that your call may be recorded‚ and by proceeding you agree to allow Muivv to monitor and/or record your call.
User Feedback. At Muovv‚ we want to make sure Users are always enjoying great rides. Riders and Drivers may rate and review each other at the end of every ride. We receive information about ratings and reviews and‚ as we explain below‚ give Riders information about Drivers’ ratings and reviews and vice versa.
Information from Cookies and Similar Technologies. We collect information through the use of “cookies”‚ tracking pixels‚ and similar technologies to understand how you navigate through the Muovv Platform and interact with Muovv advertisements‚ to learn what content is popular‚ and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the Muovv Platform. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us‚ you may be missing out on certain features of the Muovv Platform.
C. Information We Collect from Third Parties
Third Party Services. If you choose to register for Muovv or otherwise link your Muovv account with a third party’s service (such as Facebook)‚ we may receive the same type of information we collect from you (described above) directly from those services.
Third Party Partners. We may receive additional information about you‚ such as demographic data‚ payment information‚ or fraud detection information‚ from third party partners and combine it with other information that we have about you.
Enterprise Programs. If your company‚ university‚ or organization participates in one of our enterprise programs such as Muovv for Work‚ we may receive information about you‚ such as your email address‚ from your participating organization. We also may give your participating organization the opportunity to request a ride on your behalf‚ in which case they may provide us with your name‚ phone number‚ and the pickup and drop off location for your ride.
Background Information on Drivers. Muovv works with third party partners to perform driving record and criminal background checks on Drivers‚ and we receive information from them such as publicly available information about a Driver’s driving record or criminal history.
How We Use the Information We Collect
We use the information we collect from all Users to:
How We Share the Information We Collect
A. Sharing Between Users
Sharing between Clients and Drivers. Clients and Drivers that have been matched for a haul are able to see basic information about each other‚ such as names‚ photo‚ ratings‚ and any information they have added to their Profiles. Clients and Drivers who connect their Muovv accounts to Facebook will also be able to see their mutual Facebook friends during the haul. Drivers see the pick–up location that the Client has provided. Clients see a Driver’s vehicle information and real–time location as the Driver approaches the pick–up location. Clients’ ratings of Drivers are shared with Drivers on a weekly basis. We de–identify the ratings and feedback‚ but we can’t rule out that a driver may be able to identify the Rider that provided the rating or feedback.
Although we help Clients and Drivers communicate with one another to arrange a pickup‚ we do not share your actual phone number or other contact information with other Users. If you report a lost or found item to us‚ we will seek to connect you with the relevant Client or Driver‚ including sharing actual contact information with your permission.
B. Sharing Between Muovv and Third Parties
We may share your information with third parties in the following cases:
Data Security. We are committed to protecting the data of the Muovv community. Even though we take reasonable precautions to protect your data‚ no security measures can be 100% secure‚ and we cannot guarantee the security of your data.
Children’s Privacy. Muovv is not directed to children‚ and we don’t knowingly collect personal information from children under 13. If we find out that a child under 13 has given us personal information‚ we will take steps to delete that information. If you believe that a child under the age of 13 has given us personal information‚ please contact us.