Terms of Service
These terms of service constitute a legally binding agreement (the “Agreement”) between you and CiRide LLC. (“CiRide”, “we”, “us” or “our”) governing your use of the CiRide application, website, and technology Operating System (collectively, the “CiRide Operating System”).
This agreement contains provisions that govern how claims you and CiRide have against each other can be brought (see section 19 below). These provisions will, with limited exception, require you to submit claims you have against CiRide 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 19.
By entering into to this agreement, you expressly acknowledge that you understand this agreement (including the dispute resolution and arbitration provisions section 19) and accept all 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 CiRide Operating System.
CiRide Operating System
The CiRide Operating System provides a service where persons who seek transportation to certain destinations (“Riders”) 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 CiRide Operating System. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Operating System 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 Rider shall constitute a separate agreement between such persons.
Modification to the Agreement
In the event CiRide modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. CiRide 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 CiRide Operating System 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 CiRide Operating System may only be used by individuals who can form legally binding contracts under applicable law. The CiRide Operating System 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 Rider, you agree to pay the amounts charged for your use of the CiRide Operating System and Services (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your market’s CiRide Cities page (www.CiRide.com/cities), plus any tips to the Driver that you elect to pay. CiRide has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s CiRide Cities page. Pricing may vary based on the type of service you request (e.g., CiRide, CiRide SUV) as described on your market’s CiRide Cities page. You are responsible for reviewing the applicable CiRide Cities page and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fares. There are two types of fares, variable and quoted.
Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate time and distance using available data from your ride.
Quoted Fares. In some cases, CiRide may quote you a Fare at the time of your request. The quote is subject to change until the Ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the CiRide Operating System, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. CiRide does not guarantee that the quoted fare price will be equal to a variable fare for the same ride.
Rush Hour Fare. Fares may be subject to a multiplier at times of high demand of the Services (“Rush Hour Fare”) as determined by CiRide. For all rides with a variable fare, we will use reasonable efforts to inform you of any Rush Hour multipliers in effect at the time of your request. For quoted fares we may factor in the Rush Hour multiplier into the quoted price of the ride. Any Rush Hour charges shall be considered part of the Fare.
Fees and Other Charges...
Service Fee. CiRide may assess a per-ride “Service Fee” to support the CiRide Operating System and related services provided to you by CiRide. The amount of the Service Fee may vary but shall be retained by CiRide in its entirety.
Cancellation Fee. After requesting a ride, you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride. Please check out our Customer Support to learn more about CiRide’s cancellation policy, including applicable fees. Collected cancellation fees will be passed in their entirety to the Driver who had accepted your ride request.
Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by CiRide in its sole discretion), towards vehicle repair or cleaning. CiRide reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Driver whose car was damaged.
Tolls. In some instances, tolls (or return tolls) may apply to your ride. Please see our Customer Support and your market’s CiRide Cities page for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by CiRide will match the toll charged to the Driver, if any. The amount of collected tolls (and return tolls) will be passed in their entirety to the Driver who provided your ride.
Other Charges. Other fee and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, event fees as determined by CiRide or its marketing partners, and processing fees for split payments. In addition, where required by law CiRide will collect applicable taxes. These other charges are not shared with your Driver unless expressly stated otherwise. See your market’s CiRide Cities page for details on other Charges that may apply to your ride.
Tips. Following a ride, you may elect to tip your Driver in cash or through the CiRide application. Any tips will be provided entirely to the applicable Driver.
Facilitation of Charges. All Charges are facilitated through a third-party payment processing service. CiRide may replace its third-party payment processing services without notice to you. Charges shall only be made through the CiRide Operating System. Except for tips, cash payments are strictly prohibited.
No Refunds. All Charges are non-refundable. This no-refund policy shall apply always regardless of your decision to terminate usage of the CiRide Operating System, any disruption to the CiRide Operating System or Services, or any other reason whatsoever.
Credits and Ride Discounts. You may receive credits ("CiRide Credits") or Ride discounts ("Ride Discounts") that you can apply toward payment of certain Charges upon completion of a Ride. CiRide Credits and Ride Discounts are only valid for use on the CiRide Operating System and are not transferable or redeemable for cash except as required by law. CiRide Credits and Ride Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Ride. Ride Discounts only apply to the Fare, not the Service Fee or other charges. If you split payment for a Ride with another User, your CiRide Credits or Ride Discount will only apply to your portion of the Charges. Additional restrictions on CiRide Credits and Ride Discounts may apply as communicated to you in a relevant promotion or by clicking on the relevant CiRide Credit or Ride Discount within the Payments section of the CiRide App.
Credit Card Authorization. Upon addition of a new payment method or each ride request, CiRide may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Customer Support to learn more about our use of pre-authorization holds.
If you are a Driver, you will receive payment for your provision of Services. All Fare payments are subject to a CiRide Commission, discussed below. You will also receive any tips provided by Riders to you, and tips will not be subject to any CiRide Commission. CiRide 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.
Commission. In exchange for permitting you to offer your Services through the CiRide Operating System and marketplace as a Driver, you agree to pay CiRide (and permit CiRide to retain) a fee based on each transaction in which you provide Services (the “Commission”). The amount of the applicable Commission will be communicated to you in a Commission schedule through the Driver portal. CiRide reserves the right to change the Commission at any time in CiRide’s discretion based upon local market factors, and CiRide will provide you with notice in the event of such change. Continued use of the CiRide Operating System after any such change in the Commission calculation shall constitute your consent to such change.
Pricing. You expressly authorize CiRide to set the prices on your behalf for all Charges that apply to the provision of Services. CiRide reserves the right to change the Fare schedule at any time in our discretion based upon local market factors, and we will provide you with notice in the event of changes to the base fare, per mile, and/or per minute amounts that would result in a change in the applicable Fares. Charges may be subject to maximum limits as set forth in your market’s CiRide Cities page or the CiRide Customer Support.
Fare Adjustment. CiRide reserves the right to adjust or withhold all or a portion of Fares if it believes that (i) you have attempted to defraud or abuse CiRide or CiRide’s payment systems, (ii) to resolve a Rider complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Services in the CiRide application when the ride was over). CiRide’s decision to adjust or withhold the Fare in any way shall be exercised in a reasonable manner.
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 CiRide, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the CiRide Operating System or Services, updates concerning new and existing features on the CiRide Operating System, communications concerning promotions run by us or our third- party partners, and news concerning CiRide 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. However, you acknowledge that opting out of receiving all texts may impact your use of the CiRide Operating System or the services.
Promotions and Referral Programs
CiRide, 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 CiRide. CiRide reserves the right to withhold or deduct credits or benefits obtained through a promotion the event that CiRide 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, CiRide may provide you with or allow you to create a “CiRide Code,” a unique alphanumeric code for you to distribute to friends, family, and other persons (each a “Referred User”) to become new CiRide Riders (“Referred Riders”) or Drivers (“Referred Drivers”). CiRide Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your CiRide Code. You are prohibited from advertising CiRide Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. CiRide reserves the right to deactivate or invalidate any CiRide Code at any time in CiRide’s discretion.
From time to time, CiRide may offer you with incentives to refer new Users to the CiRide community (the “Referral Program”). These incentives may come in the form of CiRide Credits, and CiRide may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of CiRide 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 CiRide Operating System and your participation in the Services, you agree that you will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance, or regulation;
interfere with or disrupt the Services or the CiRide Operating System or the servers or networks connected to the CiRide Operating System;
post Information or interact on the CiRide Operating System or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
use the CiRide Operating System in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted through the CiRide Operating System;
“frame” or “mirror” any part of the CiRide Operating System, without our prior written authorization or use meta tags or code or other devices containing any reference to us to direct any person to any other web site for any purpose; or
modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the CiRide Operating System or any software used on or for the CiRide Operating System;
rent, lease, lend, sell, redistribute, license, or sublicense the CiRide Operating System or access to any portion of the CiRide Operating System;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the CiRide Operating System or its contents;
link directly or indirectly to any other web sites;
transfer or sell your User account, password and/or identification to any other party
discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation, or
cause any third party to engage in the restricted activities above
Driver Representations, Warranties and Agreements
By providing Services as a Driver on the CiRide Operating System, you represent, warrant, and agree that:
You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals, and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the CiRide community or third parties.
You will only provide Services using the vehicle that has been reported to, and approved by CiRide, and for which a photograph has been provided to CiRide, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
You will not make any misrepresentation regarding CiRide, the CiRide Operating System, the Services or your status as a Driver.
You will not, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud CiRide or Riders on the CiRide Operating System or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question.
You will make reasonable accommodation for Riders and/or for service animals, as required by law
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
You will pay all applicable federal, state, and local taxes based on your provision of Services and any payments received by you.
All intellectual property rights in the CiRide Operating System shall be owned by CiRide 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 CiRide Operating System 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 CiRide. CiRide 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.
CiRide and other CiRide logos, designs, graphics, icons, scripts, and service names are registered trademarks, trademarks or trade dress of CiRide in the United States and/or other countries (collectively, the “CiRide Marks”). If you provide Services as a Driver, CiRide 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 CiRide Marks solely in connection with providing the Services through the CiRide Operating System (“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 CiRide’s prior written permission, which it may withhold in its sole discretion. The CiRide Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that CiRide is the owner and licensor of the CiRide Marks, including all goodwill associated therewith, and that your use of the CiRide Marks will confer no additional interest in or ownership of the CiRide Marks in you but rather inures to the benefit of CiRide. You agree to use the CiRide Marks strictly in accordance with CiRide’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that CiRide determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that incorporate the CiRide Marks or any derivatives of the CiRide Marks other than as expressly approved by CiRide in writing; (2) use the CiRide Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the CiRide Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair CiRide’s rights as owner of the CiRide Marks or the legality and/or enforceability of the CiRide Marks, including, without limitation, challenging or opposing CiRide’s ownership in the CiRide Marks; (4) apply for trademark registration or renewal of trademark registration of any of the CiRide Marks, any derivative of the CiRide Marks, any combination of the CiRide Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the CiRide Marks; (5) use the CiRide 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 CiRide’s sole discretion. If you create any materials bearing the CiRide Marks (in violation of this Agreement or otherwise), you agree that upon their creation CiRide exclusively owns all right, title, and interest in and to such materials, including without limitation any modifications to the CiRide Marks or derivative works based on the CiRide Marks. You further agree to assign any interest or right you may have in such materials to CiRide, and to provide information and execute any documents as reasonably requested by CiRide to enable CiRide to formalize such assignment.
CiRide respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials on the CiRide Operating System 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 CiRide, our affiliates, subsidiaries, parents, successors, and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
CiRide does not provide transportation services, and CiRide is not a transportation carrier. It is up to the Driver to decide whether to offer a ride to a Rider contacted through the CiRide Operating System, and it is up to the Rider to decide whether to accept a ride from any Driver contacted through the CiRide Operating System. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs because of the Services.
The CiRide Operating System 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 CiRide Operating System and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically refuse any implied warranties of title, merchantability, fitness for a 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 CiRide Operating System 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 CiRide Operating System will be corrected, or that the CiRide Operating System is free of viruses or other harmful components. We refuse liability for, and no warranty is made with respect to, connectivity and availability of the CiRide Operating System or Services.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the CiRide Operating System and Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the CiRide Operating System by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
CiRide is not responsible for the conduct, whether online or offline, of any User of the CiRide Operating System 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 Riders. By using the CiRide Operating System and participating in the Services, you agree to accept such risks and agree that CiRide is not responsible for the acts or omissions of Users on the CiRide Operating System or participating in the Services.
CiRide expressly refuses 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 CiRide Operating System (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 CiRide Operating System or through the Services. Please carefully select the type of information that you post on the CiRide Operating System or through the Services or release to others. We refuse 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 CiRide or made available through the CiRide Operating System, 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 CiRide Operating System or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the CiRide Operating System 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 CiRide Operating System 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 CiRide, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the CiRide Operating System. Any of your Information, including geolocational data, you upload, provide, or post on the CiRide Operating System may be accessible to CiRide and certain Users of the CiRide Operating System.
CiRide advises you to use the CiRide Operating System with a data plan with unlimited or very high data usage limits, and CiRide shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the CiRide Operating System.
This paragraph applies to any version of the CiRide Operating System that you acquire from the App Store and Play Store. This Agreement is entered between you and CiRide. App Store and Play Store (“Apple”, “Google Play”) are not parties to this Agreement and shall have no obligations with respect to the CiRide Operating System. CiRide, not App Store and Play Store, is solely responsible for the CiRide Operating System and the content thereof as set forth hereunder. However, Apple and Google Play and their subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple and Play Store 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 and Play Store 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.
State and Local Disclosures
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local authority at www.CiRide.com/terms of services. We will update the disclosures page as jurisdictions add, remove, or amend these required disclosures, so please check in regularly for updates.
You will defend, indemnify, and hold CiRide 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 CiRide Operating System 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, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the CiRide Operating System 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.
Limitation of Liability
In no event will CiRide, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively “CiRide” 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 CiRide Operating System, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the CiRide Operating System, 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 CiRide Operating System may be used by you to request and schedule transportation, goods, or other services with third party providers, but you agree that CiRide 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 their terms of service. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to CiRide; 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, CiRide 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 CiRide’s star rating or cancellation threshold; (3) CiRide has the good faith belief that such action is necessary to protect the safety of the CiRide 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 CiRide’s reasonable satisfaction prior to CiRide 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 CiRide’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.
You agree not to use any technical, financial, strategic, and other proprietary and confidential information relating to CiRide’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by CiRide 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 CiRide to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to CiRide with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by CiRide 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 CiRide; becomes known to you, without restriction, from a source other than CiRide without breach of this Agreement by you and otherwise not in violation of CiRide’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 CiRide to enable CiRide to seek a protective order or otherwise prevent or restrict such disclosure.
Relationship with CiRide
As a Driver on the CiRide Operating System, you acknowledge and agree that you and CiRide are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and CiRide expressly agree expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and CiRide; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind CiRide, and you undertake not to hold yourself out as an employee, agent, or authorized representative of CiRide.
CiRide 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 CiRide Operating System. You retain the option to accept or to decline or ignore a Rider’s request for Services via the CiRide Operating System, or to cancel an accepted request for Services via the CiRide Operating System, subject to CiRide’s then-current cancellation policies. Except for any signage required by law or permit/license rules or requirements, CiRide shall have no right to require you to: (a) display CiRide’s names, logos, or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying CiRide’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.
Dispute resolution and arbitration agreement
(a) Agreement to Binding Arbitration Between You and CiRide.
CiRide and you 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 CiRide 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 CiRide, 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 CiRide. 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 CiRide Operating System, the Services, any other goods or services made available through the CiRide Operating System, your relationship with CiRide, 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 CiRide, 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 CiRide 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 CiRide 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 CiRide 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 CiRide 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 CiRide, which are addressed separately in section 19(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 authority 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 (CA only).
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and CiRide 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 CiRide 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 authority 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 authority because a civil court of competent authority 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 CiRide 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 authority thereof, provided that any award may be challenged in a court of competent authority.
(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:
If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection (k) below and are otherwise required to pay a filing fee under the relevant AAA Rules, CiRide agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to CiRide, CiRide will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.
If CiRide initiates arbitration under this Arbitration Agreement, CiRide will pay all AAA filing and arbitration fees.
With respect to any Claims brought by CiRide against a Driver, or for Claims brought by a Driver against CiRide that: (A) are based on an alleged employment relationship between CiRide and a Driver; (B) arise out of, or relate to, CiRide’s actual deactivation of a Driver’s User account or a threat by CiRide to deactivate a Driver’s User account; (C) arise out of, or relate to, CiRide’s actual termination of a Driver’s Agreement with CiRide under the termination provisions of this Agreement, or a threat by CiRide to terminate a Driver’s Agreement; or (D) arise out of, or relate to, Fares (as defined in this Agreement, including CiRide’s commission on the Fares), tips, or average hourly guarantees owed by CiRide to Drivers for Services, other than disputes relating to referral bonuses, other CiRide promotions, or consumer-type disputes (the subset of Claims in subsections (A)-(D) shall be collectively referred to as “Driver Claims”), CiRide shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by CiRide pursuant to the fee provisions above). However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Services to Riders, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator.
Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
Although under some laws CiRide may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, CiRide agrees that it will not seek such an award.
If the arbitrator issues you an award that is greater than the value of CiRide’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then CiRide will pay you the amount of the award or U.S. $1,000, whichever is greater.
(f) Location and Manner of Arbitration.
Unless you and CiRide agree otherwise, any arbitration hearings between CiRide and a Rider will take place in the county of your billing address, and any arbitration hearings between CiRide 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 an AAA arbitration. If your Claim is for $10,000 or less, CiRide agrees that you may choose whether the arbitration will be conducted solely based on 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 19(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, if 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 CiRide 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 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 19(e)(3) (except as limited by Section 19(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 CiRide in writing of your desire to opt out of arbitration for such Driver Claims, which writing must be dated, signed and delivered by: (1) electronic mail to arbitrationoptout@CiRide.com, or (2) 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: CiRide, LLC.
15015 Aurora Ave N Shoreline, WA 98133
You should assume that there are now, and may be in the future, lawsuits against CiRide 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 CiRide under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against CiRide 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 CiRide 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 CiRide. 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.
Terms of coverage:
(1)(a) Before being used to provide commercial transportation services, every personal vehicle must be covered by a primary automobile insurance policy that specifically covers commercial transportation services. However, the insurance coverage requirements of this section are alternatively satisfied by securing coverage pursuant to chapter 46.72 or 46.72A RCW that covers the personal vehicle being used to provide commercial transportation services and that is in effect twenty-four hours per day, seven days per week. Except as provided in subsection (2) of this section, a commercial transportation services provider must secure this policy for every personal vehicle used to provide commercial transportation services. For purposes of this section, a "primary automobile insurance policy" is not a private passenger automobile insurance policy.
(b) The primary automobile insurance policy required under this section must provide coverage, as specified in this subsection (1)(b), at all times the driver is logged in to a commercial transportation services provider's digital network or software application and at all times a passenger is in the vehicle as part of a prearranged ride.
(i) The primary automobile insurance policy required under this subsection must provide the following coverage during commercial transportation services applicable during the period before a driver accepts a requested ride through a digital network or software application:
(A) Liability coverage in an amount no less than fifty thousand dollars per person for bodily injury, one hundred thousand dollars per accident for bodily injury of all persons, and thirty thousand dollars for damage to property;
(B) Underinsured motorist coverage to the extent required under RCW 48.22.030; and
(C) Personal injury protection coverage to the extent required under RCW 48.22.085 and 48.22.095.
(ii) The primary automobile insurance policy required under this subsection must provide the following coverage, applicable during the period of a prearranged ride:
(A) Combined single limit liability coverage in the amount of one million dollars for death, personal injury, and property damage;
(B) Underinsured motorist coverage in the amount of one million dollars; and
(C) Personal injury protection coverage to the extent required under RCW 48.22.085 and 48.22.095.
(2)(a) As an alternative to the provisions of subsection (1) of this section, if the office of the insurance commissioner approves the offering of an insurance policy that recognizes that a person is acting as a driver for a commercial transportation services provider and using a personal vehicle to provide commercial transportation services, a driver may secure a primary automobile insurance policy covering a personal vehicle and providing the same coverage as required in subsection (1) of this section. The policy coverage may be in the form of a rider to, or endorsement of, the driver's private passenger automobile insurance policy only if approved as such by the office of the insurance commissioner.
(b) If the primary automobile insurance policy maintained by a driver to meet the obligation of this section does not provide coverage for any reason, including that the policy lapsed or did not exist, the commercial transportation services provider must provide the coverage required under this section beginning with the first dollar of a claim.
(c) The primary automobile insurance policy required under this subsection and subsection (1) of this section may be secured by any of the following:
(i) The commercial transportation services provider as provided under subsection (1) of this section;
(ii) The driver as provided under (a) of this subsection; or
(iii) A combination of both the commercial transportation services provider and the driver.
(3) The insurer or insurers providing coverage under subsections (1) and (2) of this section are the only insurers having the duty to defend any liability claim from an accident occurring while commercial transportation services are being provided.
(4) In addition to the requirements in subsections (1) and (2) of this section, before allowing a person to provide commercial transportation services as a driver, a commercial transportation services provider must provide written proof to the driver that the driver is covered by a primary automobile insurance policy that meets the requirements of this section. Alternatively, if a driver purchases a primary automobile insurance policy as allowed under subsection (2) of this section, the commercial transportation services provider must verify that the driver has done so.
(5) A primary automobile insurance policy required under subsection (1) or (2) of this section may be placed with an insurer licensed under this title to provide insurance in the state of Washington or as an eligible surplus line insurance policy as described in RCW 48.15.040.
(6) Insurers that write automobile insurance in Washington may exclude any and all coverage afforded under a private passenger automobile insurance policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a driver for a commercial transportation services provider is logged in to a commercial transportation services provider's digital network or while a driver provides a prearranged ride. This right to exclude all coverage may apply to any coverage included in a private passenger automobile insurance policy including, but not limited to:
(a) Liability coverage for bodily injury and property damage;
(b) Personal injury protection coverage;
(c) Underinsured motorist coverage;
(d) Medical payments coverage;
(e) Comprehensive physical damage coverage; and
(f) Collision physical damage coverage.
(7) Nothing in this section shall be construed to require a private passenger automobile insurance policy to provide primary or excess coverage or a duty to defend for the period of time in which a driver is logged in to a commercial transportation services provider's digital network or software application or while the driver is engaged in a prearranged ride or the driver otherwise uses a vehicle to transport passengers for compensation.
(8) Insurers that exclude coverage under subsection (6) of this section have no duty to defend or indemnify any claim expressly excluded under subsection (6) of this section. Nothing in this section shall be deemed to invalidate or limit an exclusion contained in a policy, including any policy in use or approved for use in Washington state before July 24, 2015, that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public.
(9) An exclusion exercised by an insurer in subsection (6) of this section applies to any coverage selected or rejected by a named insured under RCW 48.22.030 and 48.22.085. The purchase of a rider or endorsement by a driver under subsection (2)(a) of this section does not require a separate coverage rejection under RCW 48.22.030 or 48.22.085.
(10) If more than one insurance policy provides valid and collectible coverage for a loss arising out of an occurrence involving a motor vehicle operated by a driver, the responsibility for the claim must be divided as follows:
(a) Except as provided otherwise under subsection (2)(c) of this section, if the driver has been matched with a passenger and is traveling to pick up the passenger, or the driver is providing services to a passenger, the commercial transportation services provider that matched the driver and passenger must provide insurance coverage; or
(b) If the driver is logged in to the digital network or software application of more than one commercial transportation services provider but has not been matched with a passenger, the liability must be divided equally among all of the applicable insurance policies that specifically provide coverage for commercial transportation services.
(11) In an accident or claims coverage investigation, a commercial transportation services provider or its insurer must cooperate with a private passenger automobile insurance policy insurer and other insurers that are involved in the claims coverage investigation to facilitate the exchange of information, including the provision of (a) dates and times at which an accident occurred that involved a participating driver and (b) within ten business days after receiving a request, a copy of the provider's electronic record showing the precise times that the participating driver logged on and off the provider's digital network or software application on the day the accident or other loss occurred. The commercial transportation services provider or its insurer must retain all data, communications, or documents related to insurance coverage or accident details for a period of not less than the applicable statutes of limitation, plus two years from the date of an accident to which those records pertain.
(12) This section does not modify or abrogate any otherwise applicable insurance requirement set forth in this title.
(13) After July 1, 2016, an insurance company regulated under this title may not deny an otherwise covered claim arising exclusively out of the personal use of the private passenger automobile solely on the basis that the insured, at other times, used the private passenger automobile covered by the policy to provide commercial transportation services.
(14) If an insurer for a commercial transportation services provider makes a payment for a claim covered under comprehensive coverage or collision coverage, the commercial transportation services provider must cause its insurer to issue the payment directly to the business repairing the vehicle or jointly to the owner of the vehicle and the primary lienholder on the covered vehicle.
(15)(a) To be eligible for securing a primary automobile insurance policy under this section, a commercial transportation services provider must make the following disclosures to a prospective driver in the prospective driver's terms of service:
WHILE OPERATING ON THE DIGITAL NETWORK OR SOFTWARE APPLICATION OF THE COMMERCIAL TRANSPORTATION SERVICES PROVIDER, YOUR PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY MIGHT NOT AFFORD LIABILITY, UNDERINSURED MOTORIST, PERSONAL INJURY PROTECTION, COMPREHENSIVE, OR COLLISION COVERAGE, DEPENDING ON THE TERMS OF THE POLICY.
IF THE VEHICLE THAT YOU PLAN TO USE TO PROVIDE COMMERCIAL TRANSPORTATION SERVICES FOR OUR COMPANY HAS A LIEN AGAINST IT, YOU MUST NOTIFY THE LIENHOLDER THAT YOU WILL BE USING THE VEHICLE FOR COMMERCIAL TRANSPORTATION SERVICES THAT MAY VIOLATE THE TERMS OF YOUR CONTRACT WITH THE LIENHOLDER.
(b) The prospective driver must acknowledge the terms of service electronically or by signature.
CiRide Drug and Alcohol Policy
Use of Illegal Drugs and Alcohol while operating a vehicle is a major cause for death, fatal injury, and property damage. CiRide is a transportation work force that only partner with drivers free from any illegal drugs and alcohol. CiRide absolutely prohibits the use of any illegal drugs and alcohol while operating on CiRide TNC platform. CiRide also has Zero tolerance on possession, use, and sale of illegal drugs and alcohol while operating a motor vehicle. CiRide reserves the right to terminate its contract with a driver without any notice with a driver found or suspected driving under influence of drug and alcohol. It is CiRide’s commitment and obligation to provide drug and alcohol free, safe, and healthy ride to its passengers. CiRide conducts random alcohol and drug test of its partnering drivers based on reasonable suspicion. Failure to take the requested test may result in a termination of your contract with CiRide.
CiRide also cautions against use of prescribed or over-the-counter medication, which can affect your driving performance. Please keep yourself from operating under the influence of prescribed or over-the-counter medication.
As independent contractor you understand and agree to comply with CiRide’s drug and alcohol policy by accepting CiRide’s Terms of Service while registering to operate on CiRide’s TNC platform.
CiRide also encourage its riders to report any suspicious act of drivers through its customer support center Weblink:https://www.ciride.com/contact-us or please call or leave a message to CiRide’s toll free number 1(877) 819-3175.
Or To Finance and Administrative Office (FAS)Phone Number 206-684-2489, Weblink: seattle.gov/your-rights-as-a-customer/file-a-complaint/taxi-for-hire-and-tnc-complaints.
It is the policy and commitment of CiRide that it does not discriminate based on race, age, color, sex, national origin, physical or mental disability, or religion.
Equal Employment Opportunity
CiRide is committed to a policy of equal employment opportunity and does not discriminate in the terms, conditions, or privileges of employment because of race, age, color, sex, national origin, physical or mental disability, or religion or otherwise as may be prohibited by federal and state law.
Any employee, board member, volunteer or client who believes that s/he or any other affiliate of CiRide has been discriminated against is strongly encouraged to report this concern promptly to the Executive Director.
Harassment or intimidation of a client, staff person or guest because of that person’s race, age, color, sex, national origin, physical or mental disability, or religion is specifically prohibited and may be grounds for termination. Harassment and intimidation include abusive, foul or threatening language or behavior. CiRide is committed to maintaining a workplace that is free of any such harassment and will not tolerate discrimination against staff members, volunteers or agency clients. Issues of discriminatory treatment, harassment, or intimidation on any of these bases should immediately be reported to the Executive Director or immediate supervisor and, if substantiated, prompt action will be taken.
Except as provided in Section 19, this Agreement shall be governed by the laws of the State of Washington without regard to choose of law principles. This choice of law provision is only intended to specify the use of Washington law to interpret this Agreement and is not intended to create any other substantive right to non-Washington states to assert claims under Washington law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by CiRide, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to CiRide shall be given by certified mail, postage prepaid and return receipt requested to CiRide, LLC., 15015 Aurora Ave N, Shoreline, WA 98133. Any notices to you shall be provided to you through the CiRide Operating System or given to you via the email address or physical address you provide to CiRide during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and CiRide with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
CiRide Driver Hiring Controls and Procedures
As part of CiRide’s independent drivers hiring process, certain information is required to determine your hiring process.
Please review this document thoroughly and you are consistent with those outlined CiRide’s Controls and Procedures. A completed documentation will allow CiRide to evaluate and approve your use of CiRide’s platform as quickly & efficiently as possible.
Driver Screening and Basic Driver Qualifications:
You are only permitted to operate on our behalf if:
You have a valid, in-state driver’s license.
You are age 21 or older.
If you are 21 or 22, the you must have three or more years of unrestricted driving history and no infractions on your Motor Vehicle Report.
If you are 23 or older, you must have a driver’s license for one or more years and meet or exceed the Driving Record & Motor Vehicle Report Qualifications set forth below.
You provide proof of valid personal automobile insurance for the vehicle you will be driving that meets or exceeds the minimum financial responsibility limits of the state in which you are driving.
Driving Record & Motor Vehicle Report (MVR) Qualifications:
Prior to hiring we will review your MVR. We also review your updated MVR at least annually when operating on our behalf.
You will not be permitted to operate a vehicle on our behalf if your MVR does not meet the criteria below:
No more than three minor violations in the past three years including accidents, traffic light violations, speeding, or moving violations.
No violations in the past three years for driving on a suspended, revoked or invalid license or insurance.
No DUI or other drug-related driving violation in the last seven years.
No driving-related convictions for hit-and-run, speeding 100+ mph, reckless driving, street racing, or speed contest.
Background & Criminal Check:
You agree that we conduct a national background check on you prior to hiring you as our independent driver: This background checks include:
A violent crime
Any driving related offense
Any sexual offense, child abuse or endangerment
Any terror affiliated offense
Vehicle Requirements & Inspection:
You agree to ensure that your vehicle is equipped with the following qualifications:
Four door sedan, hatchback or SUV, must be able to seat at least four passengers excluding the Driver
No more than 10 years’ old
In-state license plates
No marked, taxi or salvaged vehicles
Pass the vehicle inspection test
You agree that your vehicle passes a vehicle inspection. At a minimum, the vehicle inspection shall confirm the good working order of brakes, tires, steering, windshield, headlights, taillights, safety belts, speedometer, muffler and exhaust system, doors, etc.
You agree to provide a copy of the completed & passed vehicle inspection to CiRide upon request.
You agree to have your vehicle inspection performed on an annual basis.
Fleet & Driver Safety:
You agree that you will maintain your vehicle per your state's vehicle safety requirements.
You agree to stipulate that you do not have an advertised guaranteed delivery time, nor you are required to perform your duties within a specific period of time.
You agree that you must participate in a Driver Safety Program; components of the safety program can include review of safety onboarding videos, 24/7 support, what to do in the event of an incident, etc.
You agree that we provide a rating mechanism for feedback between Drivers and Riders that is monitored by our platform for safety and Terms of Service violations.
Distracted Driving Policy:
You agree to implement a Distracted Driving Policy. This policy stipulates:
You are not accompanied by any other person/s, other than the Rider and the Rider’s guests.
You must utilize a hands-free device or Bluetooth technology when using a mobile phone while driving or pull off the road to a safe area if you do not have a hands-free device or Bluetooth technology.
You are not permitted to use headphones while driving.
If you have any questions regarding the CiRide Operating System or Services, please contact our Customer Support Team through our Customer Support.