fbpx

Terms of Use & Software License

FIRST.CAR, INC. TERMS OF USE AND SOFTWARE LICENSE

Effective 06 July 2018

These Terms of Use and Software License (“Agreement”) constitute a legal agreement between you and First.Car, Inc. (“First.Car,” “we,” “us,” “our”) governing your use of the First.Car applications, application-related website content and functionality, and technology platform on which these operate (collectively, the “Platform”).

This agreement contains provisions that govern how claims you and we have against each other can be brought against each other (See Section 23.3). These provisions will, with limited exception, require you to submit claims you have against First.Car 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. You have an opportunity to opt out of arbitration with respect to certain claims as provided in Section 23.3.

By entering into this Agreement, you acknowledge:

  • You have access to, read, and understood this Agreement.
  • You have access to, read, and understood any other documentation referred to in this Agreement.
  • First.Car is a technology platform provider and does not provide transportation or services other than those described in this Agreement.
  • You desire to enter into this Agreement to access and use the First.Car Platform.
  • You accept all terms and conditions of this Agreement.
  • You and First.Car shall be bound by the terms and conditions of this Agreement.

If you do not acknowledge and accept all terms of this Agreement, you may not access or use the First.Car Platform.

  1. The First.Car Platform

    Our Platform provides technology-based methods to match persons seeking access to transportation and other services with persons seeking access systems that allow them to offer transportation and other services. This Agreement focuses on your use of the Platform to obtain and provide transportation and transportation-related services (for example; helping someone enter a Vehicle); these are the only services authorized to be obtained or provided in this Agreement. We may introduce and offer “Other Services” that are authorized by us at which time this Agreement will be amended or addendums added.

  2. Terminology

    This agreement will use certain words describing the entities, acts or events, and durations that use, are used by, or are affected by this agreement. These words are defined below and may be further clarified later in this Agreement.

    1. Guest

      A person that seeks transportation and other services through the Platform. In general, a Guest might be referred to as a passenger, rider, customer, consumer, and other similar terms.

    2. Host

      A person that seeks to provide transportation and other services through the Platform. In general, a Host might be referred to as a driver, provider, and other similar terms.

    3. User

      A person using the Platform as a Guest or Host.

    4. Guest’s Companion

      A person that is authorized by a Guest to receive Service through the Guest’s account.

    5. Request (“Requesting,” “Requested”)

      An event in which a Guest desiring to obtain Service may indicate that desire on the Platform.

    6. Accept (“Accepting,” “Accepted,” “Acceptance”)

      An event in which a Host desiring to provide Service may indicate that desire in response to a Request on the Platform.

    7. Match (“Matching,” “Matched”)

      An event in which a Request is Accepted through the Platform.

    8. Cancel (“Cancelling,” “Cancelled,” “Cancellation”)

      An event in which a User desiring to terminate a Match indicates that desire through on the Platform.

    9. Complete (“Completing,” “Completed,” “Completion”)

      An event in which a Host has finished the provision of Service to a Guest.

    10. Service

      A single instance of the transportation and other services provided by a Host to a Guest when a Match is obtained through the Platform.

    11. Market

      A geographic area in which we make the Platform available for Matches.

  3. Data Required for User Access to the Platform

    To access and use the Platform, we require Users to establish an Account with us and provide and keep updated certain data for User Identification and to secure and authorize such access and use. Our use of and the conditions your data must meet are defined in this section.

    1. Legal First and Last Names

      You must provide and keep updated your legal first and last names as identified on your current, valid driver’s license or another form of current, valid government-issued identification.

    2. Date of Birth

      You must provide your legal Date of Birth as identified on your current, valid driver’s license or another form of current, valid government-issued identification.

    3. Mobile Phone Number and Email Address

      You must provide and keep updated your primary Mobile Phone Number and primary Email address.

      1. Your Mobile Phone Number and Email Address must be owned and controlled by you.
      2. We will use your Mobile Phone Number and Email Address as credentials to identify you and authorize access to the Platform.
      3. We will use your Mobile Phone Number and Email Address to communicate with you and you authorize us to do so.
      4. Your Mobile Phone Number and Email Address may not be used by other persons to access the Platform.
      5. We may issue permanent or temporary User IDs, Personal Identification Numbers (“PINs”), and other means of identification from time to time to confirm your possession and control of your Mobile Phone Number and Email Address.

    4. Password

      You must establish and maintain a password.

      1. Your Password must meet our Secure Password Requirements as defined at https://First.Car/Policies.
      2. Your Password will be used with one or more forms of User Identification to access the Platform.
      3. You must maintain your Password in confidence and not share your Password with any third party.
      4. You will immediately notify us of any suspected or actual breach, improper use, or disclosure of your Password.

    5. Gender

      You must provide and keep updated your Gender as indicated on your current, valid driver’s license or another current, valid form of government-issued identification.

      1. Your Gender may be used by the Platform when certain optional User Preferences are defined.

    6. Photo

      You must provide and keep updated a photo of yourself.

      1. Your Photo must meet our User Photo Requirements as defined at https://First.Car/Policies/.
      2. Several jurisdictions may require your photo to be stored and displayed to other Users as a matter of law or ordinance.
      3. We require your photo to be stored and displayed to other Users as a matter of identification, safety, and security at any point during the use of the Platform.

  4. Additional Data Required for Guest Access to the Platform

    To access and use the Platform as a Guest, we require you to provide additional data about payment methods.

    1. Payment Method

      You as a Guest must provide and keep updated a valid method of payment.

  5. Data Required for Guest to Use the Services

    To Request and obtain Services as a Guest, we require you provide additional data about your itinerary.

    1. Pickup Location (Origin)

      You as a Guest must provide or confirm the detected location where you desire to start Service.

    2. Stop Location(s) and Duration(s)

      You as a Guest must provide the location and estimated duration of any Stops you desire to make during the provision of Service.

    3. Destination

      You as a Guest must provide the location where you desire to end Service.

  6. Additional Data Required for Guest’s Companion to Use the Services

    To Request and obtain Services for a Guest Companion, we may require you to provide additional data about your Companion(s).

    1. Identity and Contact Information

      When a Guest Requests Service for one or more Companions, whether the Guest is with the Companion(s) or not, we may request data to identify (Name) and contact (Phone Number) the Companion(s) before the start of a Trip.

    2. Guest’s Duty to Inform

      It is the Guest’s duty and responsibility to inform Companion(s) that this information may be provided to Us and/or a Host.

  7. Additional Data Required for Host Access to the Platform

    To access and use the Platform as a Host, we require you to provide additional data about you, your Vehicle(s), and other data required by law.

    1. Driver’s License

      You as a Host must provide and keep updated an image of the front, image of the back, and certain information from your current, valid Driver’s License.

    2. Proof of Auto Insurance

      You as a Host must provide and keep updated an image of and certain information from your current, valid Proof of Insurance.

    3. Vehicle Registration

      You as a Host must provide and keep updated an image of and certain information from you current, valid Vehicle Registration.

    4. Vehicle Photo

      You as a Host must provide and keep updated one or more images of your vehicle.

    5. Request for Taxpayer Identification Number and Certification (Form W-9)

      You as a Host must provide and keep updated a Form W-9.

    6. Other Data as Required by Law

      You as a Host must provide and keep updated additional images of and data from identification, licenses, permits, and other documentation that may be required by certain jurisdictions.

  8. Optional Data on the Platform

    The Platform provides means to modify how the Platform Matches Users. We refer to these as “User Preferences” in this Agreement. You may see these in the Platform under “Refine My Ride™,” and “Define My Drive™.”

    1. User Preferences – General

      You may voluntarily provide, keep updated, and remove certain information in the form of User Preferences that may be available on and affect how the Platform Matches Guests and Hosts.

      1. Defining and using User Preferences may limit your access to obtain or provide Services.
      2. User Preferences available on the Platform may not be available in all Markets.
      3. User Preferences are defined by Users in good faith. We make no guarantee regarding the actual needs identified or not by Users, or actual availability or provision of User Preferences by Hosts.

    2. User Preferences – Gender

      We do not condone discrimination based on gender. However, we may provide one or more optional User Preferences related to gender to accommodate individual User’s safety and faith-based requirements.

      1. You may voluntarily provide, keep updated, and remove your preference for the gender of the User from whom you will accept or to whom you will provide Services based solely on faith-based or safety reasons.
      2. If you choose to use preferences related to gender, you must do so in good faith. We will not request proof of faith-based or safety requirements from any User.
      3. Notwithstanding this voluntary preference setting to meet specific faith-based or safety reasons, First.Car will not tolerate discrimination based on gender. First.Car reserves the right to limit, suspend, deactivate, or ban your access to the Platform if you use this preference to discriminate, in contradiction to the First.Car Code of Conduct, or for illegal purposes in the provision or consumption of Services.

    3. User Preferences – Disabilities

      We do not condone discrimination based on disabilities. However, we may provide one or more optional User Preference settings related to disabilities to accommodate Users’ medical requirements.

      1. You may voluntarily provide, keep updated, and remove information on your disabilities as defined by the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101) (“ADA”) including specific, medically diagnosed disabilities that may prevent Hosts from providing or require Guests to receive assistance getting to, into, or out of a Vehicle, accommodation of medical equipment, accommodation of service animals, and consideration of food, animal, and other allergens.
      2. You may voluntarily share disability information with your Guest/Host before your Service to make your Guest/Host can be made aware of limitations in sight, hearing, speech, and mobility.
      3. If you choose to use preferences related to disabilities, you must do so in good faith. We will not request proof of medical conditions or requirements from any User.
      4. The choice to not disclose information about your disabilities is yours in your sole discretion and you will not be denied access to the Platform or Services arranged through Platform because you choose not to disclose such information about your disability.
        1. Matched Users may not be able to provide or receive Services from each other if undisclosed disabilities exist. In such an instance, either User may Cancel the Trip before the start of Services without penalty, cost, or benefit.
      5. Notwithstanding this voluntary preference setting to meet specific medical reasons, we will not tolerate discrimination based on disabilities. First.Car reserves the right to limit, suspend, deactivate, or ban your access to the Platform if you use this preference to discriminate, in contradiction to the First.Car Code of Conduct, or for illegal purposes in the provision or consumption of Services.

  9. Conditions for User Access to the Platform

    1. Age and Authority

      1. You must be at least eighteen (18) years of age to establish an account and use the Platform as a Guest.
      2. A Companion using a Service in the absence of the Guest must be at least eighteen (18) years of age.
      3. No person under the age of eighteen (18) (“minor”) will be permitted to use the Service if a parent, guardian, or authorized custodian is not accompanying the person.
      4. The Platform may not be accessed by persons under the age of eighteen (18).
      5. You must be at least twenty-one (21) years of age to use the Platform as a Host. This age may differ in some markets due to local laws and regulations or other business-related factors.
      6. The Platform may not be accessed by persons who have had their User account suspended, deactivated, or banned.
      7. You must be an individual who can form legally binding contracts under applicable law and have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.

    2. Your Decision

      The decision to Request, Accept, or Cancel a Request or Acceptance of Service obtained through the Platform is your decision.

    3. No Illegal Activities

      You must not use the Platform or Services for any illegal purposes.

    4. No Unauthorized Activities

      You must not use the Platform to arrange for, obtain, or provide services other than the Services authorized in this Agreement.

    5. User Code of Conduct

      You must read and understand the First.Car Code of Conduct for Users available at https://First.Car/Policies.

    6. Service Guidelines

      You must read and understand the First.Car Service Guidelines for Hosts available at https://First.Car/Policies.

    7. Acceptable User Rating

      You must maintain an average User Rating above the Minimum Acceptable User Rating as defined in Section 10.5.

  10. User Ratings and Comments

    Users may Rate and Comment on their experience with the Platform and Service provided or obtained through the Platform.

    1. Codes and Guidelines

      All Users are encouraged to refer to the First.Car Code of Conduct and Service Guidelines for Hosts when considering and providing Ratings and Comments.

    2. Good Faith

      You must provide your Ratings and Comments in good faith.

    3. Management and Maintenance

      User Ratings and Comments may be maintained and managed by us as a single User Rating/Comment, or as Guest Rating/Comment, Host Rating/Comment, or other Rating/Comment group designations. For this Agreement, the term “Ratings and Comments” applies to all such designations.

    4. Verification

      We may at our sole discretion verify Ratings and Comments by contacting Users for additional information about the Ratings and Comments.

    5. Calculated User Rating(s) and Minimum Acceptable User Rating(s)

      We may establish a method to determine Calculated User Rating(s) and establish Minimum Acceptable User Rating(s) to maintain a high-quality, safe, secure, and pleasant experience for all Users.

      1. The Calculated User Rating(s) and Minimum Acceptable User Rating(s) may be maintained and managed by us as a single value and/or in group designations such as Guest, Host, system-wide, Market specific, Service specific, and other designations.
      2. You must maintain a Calculated User Rating that is equal to or higher than the Minimum Acceptable User Rating established us.
      3. In the event your Calculated User Rating falls below the Minimum Acceptable User Rating in one or more designations, we may notify you and may provide you, at our sole discretion, a limited time to raise your Calculated User Rating above the Minimum Acceptable User Rating. If you do not increase your Calculated User Rating to or above the Minimum Acceptable User Rating within the time allowed (if any), we reserve the right to limit, suspend, deactivate, or permanently ban your access to the Platform.

    6. No Unacceptable Content

      You will not submit comments that include obscenities, disrespectful or objectional content, an individual's name or other personal information, or violate any privacy laws, other applicable laws, or our content policies. We reserve the right to edit or remove comments and to limit, suspend, deactivate, or ban your access to the Platform for egregious or continued violations of this item.

    7. No Fraudulent Ratings

      You will not provide false, misleading, or otherwise untrue ratings or comments that may result in the restriction of the rated User’s access to the Platform to obtain refunds, discounts, or other benefits from us, or otherwise defraud us or other Users. We reserve the right to remove comments and to limit, suspend, deactivate, or ban your access to the Platform for violations of this item.

    8. Use of Your Ratings and Comments

      We reserve the right to use, share, and display your User Ratings and comments in any manner in connection with the business of First.Car without attribution to you or your approval.

  11. Business Relationship of Guests and Hosts

    The Acceptance of a Request by a Host to a Guest Request creates a direct business relationship between the Guest and the Host, the terms and conditions of which are defined by this Agreement by virtue of your use of the Platform.

    1. General

      1. The Guest understands the Host is an independent business person providing Service at the Host’s discretion and with property under Host ownership and/or control. As an independent business person, the Host has the authority to decide when, how, where, and to whom to provide Service within the authority and limitations of this Agreement and applicable laws.
      2. The Host understands the Guest is an independent consumer of Service at the Guest’s discretion. As an independent consumer, the Guest has the authority to decide when, how, where, and from whom Service will be obtained within the authority and limitations of this Agreement and applicable laws.
      3. The Host may only provide Services to the Requesting Guest and/or Companion(s) during the provision of Services Requested by the Guest; no other persons may be present in the Vehicle.
      4. The Host must safely and legally transport the Guest and/or Companions directly to the requested stop(s) and/or destination without interruption or unrequested stops except when necessary for safety, in response to the commands of legally authorized authorities, or due to weather, traffic, or other conditions beyond the control of the Host.

    2. Identification of Users and Host Vehicle

      A Host, Guest, or Companion on behalf of the Guest may Cancel before the Start of a Trip without penalty, cost, or benefit if:

      1. a Guest is unable to reasonably identify the Host or Vehicle based on the information provided through the Platform,
      2. a Host is unable to reasonably identify the Guest based on information provided through the Platform, or
      3. a Host is unable to reasonably identify Companions or verify the authorization of Companions to use the Service based on information provided through the Platform when the Requesting Guest is not present.

    3. Passenger Restraints

      1. The Guest and all Companions must adhere to local law and Host instructions regarding the use of passenger restraints.
      2. The Guest and/or a Companion (at least eighteen (18) years of age) must provide and install and/or verify the proper and secure installation of any passenger restraint equipment required by law to transport children travelling with the Guest and/or Companion.
        1. In the event a Host provides use of any passenger restraint equipment required by law to transport children that is owned, maintained, and/or installed by the Host, the Guest and/or Companion is solely responsible verifying the proper and secure installation of such equipment.
      3. The Guest and/or a Companion (at least eighteen (18) years of age) must provide, temporarily install, and verify the proposer and secure installation of any passenger restraint equipment that may be required for circumstances such as seat-belt extensions.

    4. Guest Impairment

      1. The Host may Cancel before the Start of a Trip, or Complete the Trip if a Guest and/or Companion is added during a Trip, if a Guest and/or Companion(s) are impaired such that they cannot reasonably control themselves or communicate, unconscious, or are otherwise unresponsive, or appear to be combative or may otherwise put others at risk of harm or injury.
      2. The Host should contact authorities immediately if, during Service, a Guest or Companion travelling alone, or with other possibly or potentially impaired Guests and/or Companions, becomes unable to reasonably control themselves or communicate, unconscious, or otherwise unresponsive, or appear or become combative or otherwise put others at risk of harm or injury. The Host should follow the recommendations or instructions of the authority if given, or, at the Host’s discretion, meet responding authorities at a specified location, or transport the Guest and/or Companion(s) to a police station, fire station, or hospital.

    5. Host Impairment

      1. A Guest or Companion on behalf of the Guest may Cancel before the Start of a Trip, or Cancel the Trip in progress without penalty, cost, or benefit if they believe the Host is impaired due to the possibility of drug use, whether legal or illegal.
      2. The Guest or Companion should contact authorities immediately, then First.Car, if they believe the Host is impaired due to the possibility of drug use, whether legal or illegal.

    6. Your Safety

      All Users are responsible for their own safety. By using the Platform, you may be introduced to a third-party that may pose harm or risk to you or other third parties. You are advised to take reasonable precautions with respect to interactions with third-parties encountered in connection with the use of the Platform.

    7. Itinerary Changes

      A Host may refuse the addition of stops to a Trip and changes to destination that change the duration, mileage, or direction of travel.

    8. Photos and Recordings

      Users may record and store photos, audio, and video (“Media”) during the provision of Services for their legal, private use.

      1. Users must not disseminate Media by any means during or after Service without express written or verbal approval of all parties seen or heard on the Media.
      2. In jurisdictions where consent of multiple or all parties may be required for mere recording of Media, your acceptance of this Agreement and use or provision of Services serves as your consent.
      3. We may request Media obtained during Trips if necessary to investigate claims of breach against this Agreement.

    9. Obligations and Liabilities

      1. The Host has sole responsibility for any obligations or liabilities to Guests, Companions, or Third Parties that arise from provision of Services.
      2. The Guest has sole responsibility for any obligations or liabilities to Hosts or Third Parties that arise from use of Services.

  12. Business Relationship between Hosts and Us

    The use of the Platform creates a direct business relationship between a Host and Us. In this Section 12, “you” means a User acting as a Host.

    1. General

      1. We do not, and will 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, acts or omissions, or operation and maintenance of your Vehicle(s).
        1. This Agreement is not an employment agreement, nor does it create an employment relationship, between us and you.
        2. No joint venture, partnership, or agency relationship exists between First.Car and you.
      2. You have no authority to bind First.Car and you undertake not to hold yourself out as an employee, agent, or authorized representative of First.Car. Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of First.Car, you undertake and agree to indemnify, defend (at our option), and hold First.Car harmless from and against any claims by any person or entity based on such implied agency or representative relationship.
      3. You are solely responsible for providing all necessary equipment, tools, and other materials, at your own expense, necessary to perform Services.
      4. Except for any signage required by local law or permit/license requirements, we will not require you to:
        1. display our names, logos, or colors on your Vehicle(s); or
        2. wear a uniform or any other clothing displaying our names, logos, or colors.
      5. You have complete discretion to provide Services or engage in other business or employment activities.
      6. To ensure your compliance with all documentation requirements in this Agreement, you must provide us with written copies of all such licenses, permits, approvals, authority, registrations, and certifications prior to your provision of any Services. Thereafter, you must submit to us written evidence of all such licenses, permits, approvals, authority, registrations, and certifications as they are renewed. We shall, upon request, be entitled to review such licenses, permits, approvals, authority, registrations, and certifications from time to time, and your failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement.
      7. We may, at any time at our sole discretion, limit, suspend, deactivate, or ban your access to the Platform in the event of:
        1. a violation of this Agreement,
        2. your disparagement of First.Car,
        3. your act or omission that causes harm to the First.Car brand, reputation, or business as determined by us in our sole discretion, or
        4. for any other reason at the reasonable discretion of First.Car.

    2. Background and Driving Record Checks

      1. You are subject to certain background and driving record checks from time to time to qualify to provide, and remain eligible to provide, Services.
      2. You are required to promptly notify First.Car of any accidents that occur while providing Services and to cooperate and provide all necessary information related thereto.

    3. Provision of Services

      1. You have the sole right to determine when and for how long the Platform will be utilized.
      2. You must possess the appropriate and current level of training, expertise, and experience to provide Services in a professional manner with due skill, care, and diligence
      3. You must maintain high standards of professionalism, service, and courtesy.
      4. You may attempt to Accept, decline, or ignore a Request for Services at the Host’s discretion.
      5. You may Cancel an Accepted Request for Services, subject to our then current cancellation policies.
      6. You are solely responsible for determining the most effective, efficient, and safe manner to perform Services.

    4. Your Safety

      1. You are solely responsible for reasonably identifying a Guest and/or Companion.
      2. You are responsible for reasonable verifying the authorization of a Companion to use the Service if the Guest is not present.

    5. Obligations and Liabilities

      1. We are not responsible or liable for the acts, inactions, or omissions of a Guest, Companion, or Third Party in relation to a Host’s provision of services, Vehicle(s), or other property.
      2. We may release a Host’s contact and/or insurance information to another User upon such User's reasonable request.

    6. Taxes

      1. In the event areas in which you access the Platform or provide Services requires taxes to be imputed in the Fare, we will calculate the Match Fee based on the Fare net of such taxes.
      2. You are responsible for collecting and remitting all applicable gross receipts, sales and use, excise, or any other transaction tax on the provision of Services.

    7. Vehicle Requirements

      1. Your Vehicle(s) must be:
        1. properly registered and licensed to operate as a passenger transportation vehicle in the Market in which you offer and/or provide Services;
        2. owned or leased by you, or otherwise in your lawful possession;
        3. suitable for performing the Services contemplated by this Agreement; and
        4. maintained in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kind and any additional standards or requirements in the applicable Market, and in a clean and sanitary condition.

    8. Insurance

      1. Auto Insurance
        1. You must maintain automobile liability insurance that provides protection against bodily injury and property damage to third parties at levels of coverage that satisfy the minimum requirements to operate a private passenger vehicle on the public roads within the Market you offer or provide Services.
        2. You must maintain automobile insurance that includes any no-fault coverage required by law in the Market.
        3. You must provide First.Car with written notice of cancellation of any insurance policy required by First.Car.
        4. First.Car shall have no right to control your selection or maintenance of your policy.
        5. You must be a named insured or individually rated driver, for which a premium is charged, on the insurance policy.
      2. Workers’ Compensation Insurance
        1. You must maintain Workers' Compensation Insurance as required by all applicable laws in the Market in which you offer or provide Service.
        2. If permitted by applicable law, you may choose to insure yourself against industrial injuries by maintaining occupational accident insurance in place of Workers' Compensation Insurance.
        3. If permitted by applicable law, you may choose not to insure yourself against industrial injuries at all, but do so at your own risk.
      3. First.Car Insurance
        1. We may maintain insurance related to your provision of Services as determined by us in our reasonable discretion.
        2. We are not required to provide you with any specific insurance coverage for any loss to you or your Vehicle.

  13. Business Relationship Between Guests and Us

    The use of the Platform creates a direct business relationship between a Guest and Us.

    1. General

      1. A Guest has the sole right to determine when and for how long the Platform will be utilized.
      2. A Guest may Cancel an Accepted Request for Services, subject to our then current cancellation policies.
      3. A Guest is solely responsible for reasonably identifying a Host and Vehicle responding to a Request for Service before the start of a Trip.
      4. A Guest may not utilize the Platform for themselves or Companions using Service in absence of the Guest when the Guest or Companion is or may become impaired such that they cannot reasonably control themselves or communicate, unconscious, or otherwise unresponsive, or appear to be or may become combative or otherwise put others at risk of harm or injury.
      5. We may, at any time at our sole discretion, limit, suspend, deactivate, or ban your access to the Platform in the event of:
        1. a violation of this Agreement,
        2. your disparagement of First.Car,
        3. your act or omission that causes harm to the First.Car brand, reputation, or business as determined by us in our sole discretion, or
        4. for any other reason at the reasonable discretion of First.Car.

    2. Obligations and Liabilities

      1. We are not responsible or liable for the acts, inactions, or omissions of a Host or Third Party in relation to a Host’s provision of services, Vehicle(s), or other property.
      2. We may release a Guest’s and/or Companion(s) contact information to another User upon such User's reasonable request.

  14. Financial Terms

    1. Amounts

      There are three categories of monetary value calculated and exchanged (“Amounts”) with use of the Platform and Services:

      1. Guest Charges
        In consideration of your use of the Platform and Services Requested from your account as a Guest, you agree to pay in full the total Amount of Guest Charges to the Host as calculated by the Platform. See Section13.
      2. First.Car Match Fee and Commission
        In consideration of your use of and benefit from the Platform as a Host, you agree to pay us the total Amount of First.Car Fees and Commissions as calculated by the Platform.
      3. Host Revenue
        In consideration of your use of the Platform and Services Accepted by you as a Host, you are entitled to receive in full the total Amount of Host Revenue, reimbursement for Third-party Fees authorized by this Agreement, and any Gratuity from the Guest as calculated by the Platform.

    2. Calculation Items

      We will determine the applicable fees, rates, times, and distances to calculate all Amounts for use of the Platform and use or provision of Services on your behalf as a User.

    3. Our Fees and Rates

      We will set our Fees and Rates for use of the Platform and use or provision of Services on your behalf

      1. Fees and Rates may be different for each Market.
      2. Fees and Rates may change with or without notice at our discretion.

    4. Third-party Fees and Rates

      Third-party Fees and Rates, which may include tolls, taxes, and other fees set by government authorities or private parties for access to or use of facilities, are determined by the third party.

    5. Estimated Amounts

      We may provide Estimated Amounts to you before a Trip is Requested or Accepted, during a Trip, or through other functionality in the Platform. Estimated Amounts may differ significantly from Calculated Amounts due to Requested and Accepted modifications to the Trip and weather, traffic, road, and other conditions beyond the control of Users or us.

    6. Calculated Amounts

      We will determine Calculated Amounts after a Trip is Completed or Cancelled on your behalf.

      1. The Fees and Rates applied will be based on the Market from which and the date and time at which the Request is made.
      2. Mileage and time durations will be calculated based on data from the Host’s Device upon which the Platform is being used, or from a First.Car Device.
        1. If Mileage and time durations are not available from the Host or a First.Car Device due to Device error or inoperability, or communication errors or inoperability, we may use data from the Guest’s Device or good-faith estimates of mileage and time durations based on the Trip as originally Requested.
      3. Where Third-Party Fees and Rates are readily available, they will be calculated and included in the Calculated Amounts.

    7. Payments

      1. Payment for Guest Charges due from a Guest to a Host will be collected by us or our designated third-party payment collection agent on behalf of the Host after a Trip is Completed or Cancelled.
        1. Payment made by a Guest to First.Car for Services are considered the same as payment made directly by a Guest to a Host.
        2. A Host may not suggest, demand, or coerce direct payment in the form of cash or other means from a Guest. We have the sole responsibility of calculating and collecting Payment from a Guest on a Host’s behalf.
      2. Payment for Host Fees and Commissions due from a Host to us will be collected as a reduction against Host Revenue before payment of Host Revenue is made.
      3. Payment of Host Revenue due from a Guest to a Host, less the Amounts of Host Fees and Commissions, will be made by us or our designated third-party payment distributor on a regular, scheduled basis.

    8. No Refunds

      All Charges are non-refundable. This no-refund policy shall apply always regardless of your decision to terminate usage of the Platform, any disruption to the Platform or Services, or any other reason whatsoever.

    9. Fare Adjustment

      We may adjust, make additional payment transactions, or withhold all or a portion of Amounts

      1. if we believe you have attempted to defraud or abuse the Platform payment systems,
      2. to resolve a User complaint on your behalf.

    10. Credits and Ride Discounts

      Guests may receive credits or discounts that can be applied toward payment of certain Charges.

      1. Credits and Discounts are only valid for use on the Platform and are not transferable or redeemable for cash except as required by law.
      2. Credits and Discounts cannot be combined.
      3. You are responsible for Charges that exceed applied Credits or Discounts.
      4. Credits and Discounts apply to the Charges incurred for receipt of Services only.
      5. Other terms, conditions, and restrictions may apply to Credits and Discounts.

    11. Credit Card Verification and Authorization

      To protect your credit cards and to ensure Amounts can be covered, we may validate and seek authorizations for your payment methods:

      1. when you add new payment methods to the Platform, we may use name and address information to validate your payment method with our third-party payment processor, and
      2. before a Request or Itinerary change is processed, we may re-validate your payment method and obtain an authorization for the estimated amount of the Service being requested.

  15. Types of Platform and Service Amounts

    This section lists Amounts that may be incurred with your use of the Platform.

    1. Match Fee

      A flat amount for access and use of the Platform applied when a Match is made.

    2. Base Fare

      A flat amount applied at the start of a Trip.

    3. Travel Miles Fare

      A variable amount equal to a Per Travel Mile Rate multiplied by the number of miles travelled. The number of miles travelled is from the start to the completion of Service.

    4. Travel Time Fare

      A variable amount equal to a Per Travel Minute Rate multiplied by the number of minutes spent travelling. The Per Travel Minute Rate is calculated as the time from the start to the completion of Service.

    5. Minimum Fare

      A fixed amount which may replace any other Fares if the sum of the Fares calculated by us for a completed Trip is below the Minimum Fare.

    6. Cancellation Charge

      A fixed amount which may be charged for a Match that is cancelled, subject to our then current Cancellation Policy. The Cancellation Charge may replace or be in addition to other fees, fares, and charges.

    7. Pickup Travel Charge

      A charge which may be composed of a fixed Pickup Charge, and or variable Pickup Mileage Fare and/or Pickup Time Fare when the distance and/or time that must be travelled by a Host from the point of Acceptance to the Trip Origin exceeds limits set by us, subject to our then current Pickup Travel Charge Policy.

    8. Pickup Wait Charge

      A charge which may be composed of a fixed Pickup Wait Charge and/or variable Pickup Wait Time Charge for time between the Arrival of a Host and the start of the Trip, subject to our then current Pickup Wait Charge Policy.

    9. Dropoff Wait Charge

      A charge which may be composed of a fixed Dropoff Wait Charge and/or variable Dropoff Wait Time Charge for time between reaching the Destination and the time a Host can indicate the Trip is completed, subject to our then current Dropoff Wait Charge Policy.

    10. Wait Stop Charge(s)

      One or more charge which may be composed of a fixed Stop Charge and/or variable Stop Time Charge(s), subject to out then current Wait at Stop Charge Policy.

    11. Third-party Fees

      Charges which may include tolls, taxes, and other fees which are calculated, charged, and collected by government authorities or private parties for access to or use of infrastructure, areas, or third-party service in the normal course of operating a Vehicle privately or specifically for the provision of Services.

      1. The Host is responsible for the payment of Third-party Fees during the provision of Service.
      2. The Guest is responsible for reimbursement to the Host all Third-Party Fees incurred by a Host during the provision of Service.
      3. We are responsible collecting Third-Party Fees from the Guest and reimbursing the Host.
        1. A Guest may offer to pay or immediately reimburse a Host for Third-Party Fees.
        2. Hosts may not request, suggest, or coerce a Guest to pay or immediately reimburse the Host for Third-Party Fees.
        3. In the event a Guest pays or immediately reimburses a Host for Third-Party Fees, the Guest is responsible for notifying us to adjust the Guest Charge.
      4. Third-Party Fees are determined;
        1. by us where the rates, variables, and calculation methods are known to us based on information from the Third-party, or
        2. by the Host where the rates, variables, or calculation methods are known to us.

    12. Cleaning Charge

      A charge which provides payment and/or reimbursement for expenses and lost potential Host Revenue in the event a Guest, Companion, Service Animal, or property or items in the possession of those entities causes the interior or exterior of the Host’s Vehicle or any property under the control of the Host to become soiled or otherwise unclean such that the Vehicle does not meet suggested cleanliness guidelines in the First.Car Service Guidelines for Hosts or is otherwise in a condition where Service to the next Guest or other use of the Vehicle by the Host is prevented, limited, or degraded.

      1. The Cleaning Charge may be categorized as a “Level 1 Cleaning Charge” which covers instances caused by food, drinks, garbage, excessive dirt, mud, or other debris from shoes or clothing, andother similar substances. The Level 1 Cleaning Charge may vary and is determined by us based on photographic and other evidence provided by the Host to gauge severity, reasonable and customary charges for cleaning of vehicle interior, vehicle exterior, clothing, and other affected items in the Service Market, and lost potential Host Revenue. The charges are collected from the Guest by First.Car and retained in full by the Host.
      2. The Cleaning Charge may be categorized as a “Level 2 Cleaning Charge” which covers instances caused by human or animal body fluids or parts, toxic substances, or illegal substances, or items that may contain or have been exposed to such substances. The Level 2 Cleaning Charge may vary and is determined by us based on photographic and other evidence provided by the Host to gauge severity, reasonable and customary charges for the removal and disposal of hazardous waste in the Service Market, and other cleaning services as needed. The charges are collected from the Guest by us. Potential lost revenue and reimbursement of out-of-pocket expenses born by the Host are paid to the Host, and payment for cleaning services contracted or otherwise arranged by us are paid to the provider of the cleaning service.

    13. Gratuity

      An optional, fixed amount set and paid by the Guest to the Host as additional compensation for Service.

      1. A Guest may include a Gratuity through the Platform which will be collected by us and distributed to the Host in full.
      2. A Guest may pay a Gratuity directly to the Host and without use of the Platform.
      3. A Guest has no duty or responsibility to offer or pay a Gratuity.
      4. A Guest may not offer or refuse a Gratuity conditionally.
      5. A Host should not anticipate or expect a Gratuity under any circumstances.
      6. A Host may not set, suggest, or coerce a Gratuity or specific amount of a Gratuity.
      7. A Host may not set, suggest, or coerce payment in the form of a Gratuity or any other fee or assessment of value for Charges, Revenue, or Reimbursement defined in this Agreement.
      8. A Host may not make negative or abusive comments to a Guest for not offering or paying a Gratuity.

  16. Devices

    1. Responsibility

      You are responsible for the acquisition, cost and maintenance of your Devices and wireless data plans necessary to access to Platform.

    2. Data Use

      Your use of the Platform may use substantial amounts of data through your data plans.

      1. We advise Guests to shut down the Platform Apps (“Guest App”) on their devices when you are not seeking or obtaining Service.
      2. We advise Hosts that Your Device must only be used with a data plan with very high or unlimited data usage limits.
      3. We will not be responsible for any fees, costs, or overage charges associated with any data plan.

    3. Location information

      Location information must be provided to the Platform via a Device to obtain and provide Services.

      1. Your location information will be monitored and tracked by the Platform when you are logged into the Platform.
      2. Your approximate location, with no User Identification information, may be shared with other Users when you are logged into the Platform.
      3. Your approximate location with User Identification information will be shared with a specific Host/Guest when a Match is made.
      4. We may use monitoring and tracking information for technical, marketing, and commercial purposes, including to provide and improve our products and services.

  17. Software License

    1. Grant

      We grant you a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of this Agreement, to use the Platform solely for obtaining and providing Services. All rights not expressly granted to you are reserved by us and our respective licensors.

    2. Limits

      You shall not, and shall not allow any other party to:

      1. license, sublicense, sell, resell, transfer, assign, distribute, or otherwise provide or make available to any other party the Platform in any way;
      2. modify or make derivative works based upon the Platform or Driver App;
      3. improperly use the Platform, including creating Internet “links” to any part of the Platform, “framing,” or “mirroring” any part of the Platform, or “scraping” or otherwise improperly obtaining data from the Platform;
      4. reverse engineer, decompile, modify, or disassemble the Platform, except as allowed under applicable law; or
      5. send spam or otherwise duplicative or unsolicited messages.
      6. design or develop a competitive or substantially similar product or service;
      7. copy or extract any features, functionality, or content thereof;
      8. launch or cause to be launched on or in connection with the Platform an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Platform; or
      9. attempt to gain unauthorized access to the Platform or its related systems or networks.

    3. Ownership

      1. The Platform, including all intellectual property rights therein, are and shall remain the property of us.
      2. Neither this Agreement nor your use of the Platform conveys or grants to you any rights:
        1. in or related to the Platform except for the limited license granted above; or
        2. to use or reference in any manner our names, logos, product and service names, trademarks, services marks or other indicia of ownership.

  18. Confidentiality

    1. Access and Exposure; Definition

      Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party (“Confidential Information”). Confidential Information includes Data, IDs, User Information, transaction volume, marketing and business plans, business, financial, technical, operational, and such other non-public information of each party that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential.

    2. Ownership; Responsibilities

      All Confidential Information shall remain the exclusive property of the disclosing party.

      1. No party shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement;
      2. No party shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents, and service providers (“Permitted Persons”) asnecessary to perform under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non-use no less protective than the terms hereof; and
      3. The party shall return or destroy all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to us, our internal record-keeping requirements).

    3. Not Included

      Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it:

      1. is or becomes part of the public domain through no act or omission on the part of the receiving party;
      2. was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality;
      3. is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or
      4. is required to be disclosed pursuant to law, court order, subpoena, or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.

  19. Privacy

    Our Privacy Policy is available at https://First.Car/Legal/Privacy/.

  20. Representations and Warranties; Disclaimers

    1. Disclaimer of Warranties

      We provide, and you accept, the Platform on an “as is” and “as available” basis. We do not represent, warrant, or guarantee that your access to or use of the Platform;

      1. will be uninterrupted or error free; or
      2. will result in any Matches.

    2. No Service Guarantee

      1. We do not guarantee the availability or uptime of the Platform.
      2. The Platform may be unavailable at any time for any reason.
      3. The Platform may be subject to limitation, delays, and other problems inherent in the use of the Internet and electronic communications.

    3. Indemnification

      You shall indemnify, defend, and hold harmless First.Car and its respective officers, directors, employees, agents, successors, and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social contributions, and taxes arising out of or related to:

      1. your breach of your representations, warranties. or obligations under this Agreement; or
      2. a claim by a User and/or third party directly or indirectly related to your use or provision of Services or use of the Platform.

    4. Limits of Liability

      We shall not be liable under or related to this Agreement for any of the following, whether based on contract, tort, or any other legal theory, even if a party has been advised of the possibility of such damages:

      1. Any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind.
      2. Your or any third party’s property damage, loss or inaccuracy of data, loss of business, revenue, profits, use, or other economic advantage.
      3. In no event shall the liability of First.Car under this Agreement exceed the amount of Match Fees actually paid or due to First.Car hereunder in the six (6) month period immediately preceding the event giving rise to such claim.

  21. Term and Termination

    1. Term

      This Agreement shall commence on the date accepted by you and shall continue until terminated as set forth herein.

    2. Termination

      1. Either party may terminate this Agreement:
        1. without cause at any time upon seven (7) days prior written notice to the other party;
        2. immediately, without notice, for the other party's material breach of this Agreement; or
        3. immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party's filing or submission of request for suspension of payment (or similar action or event) against the terminating party.
      2. We may terminate this Agreement, without notice, with respect to you in the event you no longer qualify, under applicable law or the standards and policies of First.Car, to obtain or provide Services, or as otherwise set forth in this Agreement.

    3. Effect of Termination

      1. Upon termination of this Agreement, you shall immediately delete and fully remove the Platform from any of your Devices.
      2. Outstanding payment obligations and applicable sections shall survive the termination of this Agreement.

  22. Miscellaneous Terms

    1. Modification

      1. We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon publishing an updated version of this Agreement the Platform.
      2. We reserve the right to modify any information referenced at hyperlinks from this Agreement from time to time.
      3. You agree that, by downloading, installing, and/or otherwise using the Platform, you are bound by any future amendments and additions to this Agreement, information referenced at hyperlinks herein, or documents incorporated herein
      4. Continued use of the Platform or Driver App after any such changes shall constitute your consent to such changes. Unless changes are made to the arbitration provisions herein, you acknowledge and agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration.

    2. Supplemental Terms

      Supplemental terms may apply to your use of the Platform, such as use policies or terms related to certain features and functionality, which may be modified from time to time (“Supplemental Terms”). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over this Agreement in the event of a conflict.

    3. Severability

      If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. 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.

    4. Assignment

      Neither party shall assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party; provided that we may assign or transfer this Agreement or any or ail of its rights or obligations under this Agreement from time to time without consent: (a) to an affiliate; or (b) to an acquirer of all or substantially all of First.Car's business, equity, or assets.

    5. Entire Agreement

      This Agreement, including all Supplemental Terms, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.”

    6. No Third-Party Beneficiaries

      There are no third-party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.

    7. Notices

      Any notice delivered by us to you under this Agreement will be delivered by email to the email address associated with your account or by posting on the portal available to you on the Platform. Any notice delivered by you to us under this Agreement will be delivered by contacting us at as instructed at https://First.Car/Support/. Additional Market-specific notices may be required from time to time.

  23. Governing Law; Arbitration

    1. Governing Law

      The interpretation of this Agreement shall be governed by Georgia law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Platform shall be subject to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia. However, neither the choice of law provision regarding the interpretation of this Agreement nor the forum selection provision is intended to create any other substantive right to non-Georgians to assert claims under Georgia law whether that be by statute, common law, or otherwise. These provisions are only intended to specify the use of Georgia law to interpret this Agreement and the forum for disputes asserting a breach of this Agreement, and these provisions shall not be interpreted as generally extending Georgia law to you if you do not otherwise reside or provide services in Georgia. The failure of First.Car to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by First.Car in writing.

      1. Other than disputes regarding the intellectual property rights of the parties, any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Platform may be subject to arbitration pursuant to Section 23.3.

    2. Arbitration Provision

      Note Regarding this Arbitration provision

      Arbitration does not limit or affect the legal claims you may bring against First.Car. Agreeing to arbitration only affects where any such claims may be brought and how they will be resolved.

      Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties' dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein.

      Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, you will be required to split the cost of any arbitration with First.Car.

      IMPORTANT: This arbitration provision will require you to resolve any claim that you may have against First.Car on an individual basis pursuant to the terms of this Agreement unless you choose to

      opt out of the arbitration provision. This provision will preclude you from bringing any class, collective, or representative action against First.Car. It also precludes you from participating in or recovering relief under any current or future class, collective, or representative action brought against First.Car by someone else.

      Cases may have been filed against First.Car and may be filed in the future involving claims by users of the Service, including by drivers. You should assume that there are now, and may be in the future, lawsuits against the First.Car alleging class collective and/or representative claims on your behalf, including but not limited to claims for tips, reimbursement of expenses, and employment status. Such claims, if successful, could result in some monetary recovery to you.

      The mere existence of such class, collective, and/or representative lawsuits, however, does not mean that such lawsuits will ultimately succeed. But if you do agree to arbitration with First.Car, you are agreeing in advance that you will not participate in and therefore, will not seek to recover monetary or other relief under any such class, collective, and/or representative lawsuit.

      However, as discussed above, if you agree to arbitration, you will not be precluded from bringing your claims against First.Car in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator (subject to splitting the cost of arbitration as mentioned above).

      Whether to agree to arbitration is an important business decision. It is your decision to make, and you should not rely solely upon the information provided in this Agreement as it is not intended to contain a complete explanation of the consequences of arbitration. You should take reasonable steps to conduct further research and to consult with others – including but limited to an attorney – regarding the consequences of your decision, just as you would when making any other important business or life decision.

      1. How This Arbitration Provision Applies

        1. This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. 5 1 et seq. (the “FAA”) and evidences a transaction involving commerce. This Arbitration Provision applies to any dispute arising out of or related to this Agreement or termination of this Agreement and survives after this Agreement terminates. Nothing contained in this Arbitration Provision shall be construed to prevent or excuse you from utilizing any procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Provision is not intended to be a substitute for the utilization of such procedures.
        2. Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. This Arbitration Provision requires all such disputes to be resolved only by an arbitrator through final and binding arbitration on an individual basis only and not by way of court or jury trial, or by way of class, collective, or representative action.
        3. Such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Provision, including the enforceability, revocability or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an Arbitrator and not by a court or judge.
        4. Except as it otherwise provides, this Arbitration Provision also applies, without limitation, to disputes arising out of or related to this Agreement and disputes arising out of or related to your relationship with us, including termination of the relationship. This Arbitration Provision also applies, without limitation, to disputes regarding any city, county, state or federal wage- hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by First.Car and covered by the Employee Retirement Income Security Act of 1974or funded by insurance), Genetic Information Non-Discrimination Act, and state statutes, if any, addressing the same or similar subject matters, and all other similar federal and state statutory and common law claims.
        5. This Agreement is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except for those claims and disputes which by the terms of this Agreement are expressly excluded from the Arbitration Provision.
        6. The parties expressly agree that First.Car is an intended third-party beneficiary of this Arbitration Provision.

      2. Limitation on How This Agreement Applies

        1. The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in this Arbitration Provision shall not apply to:
        2. Claims for workers compensation, state disability insurance and unemployment insurance benefits;
        3. Regardless of any other terms of this Arbitration Provision, claims may be brought before, and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission (www.eeoc.gov), the U.S. Department of Labor (www.dol.gov), the National Labor Relations Board (www.nlrb.gov), or the Office of Federal Contract Compliance Programs (www.dol.gov/esa/ofccp). Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration;
        4. Disputes that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from the coverage of this Arbitration Provision;
        5. Disputes regarding your, First.Car's intellectual property rights;
        6. This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense (“DoD”) Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), section 8102 of the Department of Defense (“DOD”) Appropriations Act for Fiscal Year 2011 (Pub. L. 11210, Division A), and their implementing regulations, or any successor DOD appropriations act addressing the arbitrability of claims.

      3. Selecting the Arbitrator and Location of the Arbitration.

        1. The Arbitrator shall be selected by mutual agreement by us and you. Unless you and we mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. If the Parties cannot agree on an Arbitrator, then an arbitrator will be selected using the alternate strike method from a list of five (5) neutral arbitrators provided by JAMS (Judicial Arbitration & Mediation Services). You will have the option of making the first strike. If a JAMS arbitrator is used, then the JAMS Streamlined Arbitration Rules & Procedures rules will apply. Those rules are available here: http://www.jamsadr.com/rules-streamlined-arbitration/
        2. The location of the arbitration proceeding shall be no more than 45 miles from the place where you last provided Services under this Agreement, unless each party to the arbitration agrees in writing otherwise.

      4. Starting the Arbitration

        1. All claims in arbitration are subject to the same statutes of limitation that would apply in court. The party bringing the claim must demand arbitration in writing and deliver the writtendemand by hand or first-class mail to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the Parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration made to First.Car shall be provided as instructed at https://First.Car/Support. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration. A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such provisional relief.

      5. How Arbitration Proceedings Are Conducted

        1. In arbitration, the Parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the Arbitrator.
        2. You and we agree to resolve any dispute in arbitration on an individual basis only, and not on a class, collective, or private attorney general representative action basis. The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. If at any point this provision is determined to be unenforceable, the parties agree that this provision shall not be severable, unless it is determined that the Arbitration may still proceed on an individual basis only.
        3. While we will not take any retaliatory action in response to any exercise of rights you may have under Section 7 of the National Labor Relations Act, if any, we shall not be precluded from moving to enforce its rights under the FAA to compel arbitration on the terms and conditions set forth in this Agreement.

      6. Paying for The Arbitration

        1. Each party will pay the fees for his, her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law (i.e., a party prevails on a claim that provides for the award of reasonable attorney fees to the prevailing party). In all cases where required by law, we will pay the Arbitrator's and arbitration fees. If under applicable law First.Car is not required to pay all the Arbitrator's and/or arbitration fees, such fee(s) will be apportioned equally between the Parties or as otherwise required by applicable law. Any disputes in that regard will be resolved by the Arbitrator.

      7. The Arbitration Hearing and Award

        1. The Parties will arbitrate their dispute before the Arbitrator, who shall confer with the Parties regarding the conduct of the hearing and resolve any disputes the Parties may have in that regard. Within 30 days of the close of the arbitration hearing, or within a longer period as agreed to by the Parties or as ordered by the Arbitrator, any party will have the right to prepare, serve on the other party and file with the Arbitrator a brief. The Arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The Arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the Arbitrator, neither a party nor an Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all Parties. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration. The Arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

      8. Your Right to Opt Out of Arbitration

        1. Arbitration is not a mandatory condition of your contractual relationship with us. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying us in writing of your desire to opt out of this Arbitration Provision, either by (1) sending, within 30 days of the date this Agreement is executed by you, electronic mail to arbitrationoptout@first.car, stating your name and intent to opt out of the Arbitration Provision or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.), or by hand delivery as instructed at https://First.Car/Support/.
        2. To be effective, the letter under option (2) must clearly indicate your intent to opt out of this Arbitration Provision and must be dated and signed. The envelope containing the signed letter must be received (if delivered by hand) or post-marked within 30 days of the date this Agreement if executed by you. Your writing opting out of this Arbitration Provision, whether sent by (1) or (2), will be filed with a copy of this Agreement and maintained by First.Car. Should you not opt out of this Arbitration Provision within the 3-day period, you and First.Car shall be bound by the terms of this Arbitration Provision. You have the right to consult with counsel of your choice concerning this Arbitration Provision. You understand that you will not be subject to retaliation if you exercise your right to assert claims or opt-out of coverage under this Arbitration Provision.

      9. Enforcement of This Agreement

        1. This Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes arising out of this Agreement. Except as stated in subsection v, above, in the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.
        2. By using the First.Car Platform you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that you agree to be bound by the terms and conditions of this Agreement, and that you are legally competent to enter into this Agreement with First.Car.