Signed in as:
Signed in as:
Terms and Conditions
1. Right to Modify Terms. PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY PHOENIX TEKNOLOGIES IN ITS SOLE DISCRETION AT ANY TIME. Phoenix Teknologies reserves the right to modify these Terms, and such modifications shall be binding on you upon your acceptance of the modified Terms. Continued use of the Phoenix Teknologies Platform to arrange for and/or provide “Services” (defined below) after any such modifications shall constitute your consent to such modifications. Unless material changes are made to the arbitration provisions herein, you agree that modification of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable). Phoenix Teknologies also reserves the right to modify any information contained in any pages incorporated herein by reference or any information referenced in any of the hyperlinks set forth in these Terms, and such modifications shall become effective upon posting.
2. The Phoenix Teknologies Platform.
a. Generally, Phoenix Teknologies is a marketplace platform which enables Users to connect, arrange for, and schedule rides for minors and other eligible passengers, and provide Services directly to other Users. “Users” refers to and includes (i) independent contractors who use an approved personal vehicle to provide transportation (“Family Support Drivers/Team Drivers”); (ii) “Customer(s)” (including parents/guardians) and “Enterprise Customers” (including schools, districts, nonprofits and government entities) who need transportation for (a) family members, (b) members of other account-holders’ family, (c) students, (d) clients, and/or (e) other passengers for whom they are legally authorized to arrange rides (collectively, “Passengers”). Customer(s) and Family Support Drivers/Team Drivers are free to use the Phoenix Teknologies Platform to communicate and contract with one another. Transportation services provided by Family Support Drivers/Team Drivers to Customer(s) and Passengers who are matched through the Platform shall be referred to collectively as the “Services”. Family Support Drivers/Team Drivers use the Phoenix Teknologies Platform to advertise their Services to other Users. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Services provided by a Family Support Driver/Team Driver at the request of a Customer(s) constitute a separate agreement between such persons. Customers(s) are responsible for paying Family Support Drivers/Team Drivers for the Services they contract for using the Phoenix Teknologies Platform.
PHOENIX TEKNOLOGIES DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION COMPANY. As a User, you acknowledge that your ability to arrange for, provide, and/or obtain Services using the Phoenix Teknologies Platform does not in any way establish Phoenix Teknologies as a provider of transportation or as a transportation company. No joint venture, partnership, employment, or agency relationship exists between you and Phoenix Teknologies, or between Phoenix Teknologies and any Enterprise Customer.
b. Customer(s) and Passengers. Each Customer(s) will need to create an account in order to access or use the Phoenix Teknologies Platform. As a Customer(s), you have the ability under your account to add Passengers for whom you will be arranging Services and to provide certain information about such Passengers. For each Rider that you add to your account, you represent and warrant that you have all authorizations, consents, and approvals to provide any information you submit about such Rider. Passengers may be added to more than one account (e.g., a parent/guardian and school account).
c. Carpool. Shared rides (a “Carpool”) are available through the Application. To initiate a Carpool, a customer(s) must invite at least one other Customer(s) to join the ride. Customer(s) can set up a single Carpool or recurring Carpools. Each Customer(s), as applicable, is responsible for their portion of the fare upon completion of the ride. Customer(s) can accept multiple Carpool invitations.
d. Additional Features. We are always looking for ways to improve our Platform and may add, change, or remove features or offerings at any time.
3. Requirements for Use of the Phoenix Teknologies Platform. In order to use the Phoenix Teknologies Platform, you warrant your understanding and agreement to all the following requirements:
a. You must be at least eighteen (18) years of age and have the right, authority, and capacity to enter into and abide by the terms and conditions of these Terms. In addition, you must be at least twenty-three (23) years of age to use the Platform to provide Services as a Family Support Driver/Team Driver.
b. You must create an account on our website or mobile application. You agree not to create more than one account as a Customer(s) and/or as a Family Support Driver/Team Driver. You must not use a false identity or provide any false information to create your account. You may not create an account for someone else unless you have the legal authority to do so. You shall have no ownership or other property interest in your account.
c. You must safeguard your username and password information. You may not share this information with anyone else and are responsible for all activity under your account. You agree that you shall monitor your account to restrict use by minors and you shall not allow your children to use your account.
d. You agree to provide and maintain true, accurate, current, and complete information about yourself at all times that you use the Platform and as may be required by Phoenix Teknologies.
e. Phoenix Teknologies reserves the right to remove or reclaim any usernames at any time and for any reason.
f. You must provide all equipment and software necessary to connect to the Phoenix Teknologies Platform, including but not limited to, a mobile device that is suitable to connect with and use the Application. You are solely responsible for any expenses or fees, including Internet connection or mobile fees that you incur when accessing the Application.
h. You acknowledge and agree that we will record calls placed and video footage of rides received via the Application (such as between Family Support Drivers/Team Drivers, Passenger(s), Customer(s) and such calls and video will be recorded and stored by us. BY ACCEPTING THE TERMS AND PLACING OR ANSWERING A CALL THROUGH THE APPLICATION (WHETHER AS A FAMILY SUPPORT DRIVER/TEAM DRIVER OR CUSTOMER(S), YOU EXPLICITLY CONSENT TO PHOENIX TEKNOLOGIES RECORDING SUCH PHONE CALLS AND VIDEO STORING. IF YOU DO NOT CONSENT TO PHONE CALL RECORDING, DO NOT PLACE OR ANSWER ANY CALLS THROUGH THE APPLICATION. VIDEO SURVEILLANCE IS NECESSARY FOR THE PROTECTION OF OUR DRIVERS AND PASSENGERS. IF YOU DO NOT CONSENT TO THIS RECORDING, PLEASE DO NOT PLACE A REQUEST FOR TRANSPORTATION. VIDEO FOOTAGE IS STORED FOR 30 DAYS THEN DELETED BY ADMINISTRATION. STAFF RECORDS OF CUSTOMER TRIPS WILL REMAIN ON RECORD FOR TWO YEARS.
4. Mobile Application.
a. Subject to your compliance with these Terms, Phoenix Teknologies grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely to access the Platform for your own internal purposes.
b. The following applies to any Apple iOS Application:
(i). You acknowledge and agree that (a) these Terms are concluded between you and Phoenix Teknologies only, and not Apple, and (b) Phoenix Teknologies, not Apple, is solely responsible for the Apple iOS Application and content thereof. Your use of the Apple iOS Application must comply with the Apple Media Services Terms and Conditions.
(ii). You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple iOS Application.
(iii). You and Phoenix Teknologies acknowledge that, as between Phoenix Teknologies and Apple, Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the Apple iOS Application or your possession and use of the Apple iOS Application, including, but not limited to: (1) product liability claims; (2) any claim that the Apple iOS Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
(iv). You and Phoenix Teknologies acknowledge that, in the event of any third-party claim that the Apple iOS Application or your possession and use of that Apple iOS Application infringes that third-party’s intellectual property rights, as between Phoenix Teknologies and Apple, Phoenix Teknologies, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
(v). You and Phoenix Teknologies acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the Apple iOS Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Apple iOS Application against you as a third-party beneficiary thereof.
(vi). Without limiting any other provision of these Terms, you must comply with all applicable third-party terms of agreement when using the Apple iOS Application.
c. The following applies to any Application accessed through or downloaded from the Google Play Store (“Google-Sourced Application”): (i) you acknowledge that these Terms are between you and Phoenix Teknologies only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Application must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Application; (iv) Phoenix Teknologies, and not Google, is solely responsible for its Google-Sourced Application; (v) Google has no obligation or liability to you with respect to Google-Sourced Application or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Phoenix Teknologies’s Google-Sourced Application.
d. Certain software code incorporated into or distributed with the Application may be licensed by third parties under various “open-source” or “public-source” software licenses. Notwithstanding anything to the contrary in these Terms, the Open-Source Software is not licensed under Section 3(a) and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
e. As a marketplace Platform, we connect Family Support Drivers/Team Drivers with Customer(s). For the Platform to work, we need to collect your location information. When you open the Application on your mobile phone, we collect your location information in real-time. Your location information is necessary for the provision of Services. For example, it is used for things like matching Family Support Drivers/Team Drivers with Customer(s) who request rides, and to help protect the safety of all Users or members of the public. Additionally, Family Support Drivers/Team Drivers’ location information and distance travelled is necessary to calculate charges for rides and for insurance. By using the Application, you hereby authorize us to collect, use, and store your location data even when the Application is running in the background (for Family Support Drivers/Team Drivers only). If you do not agree to permit us to collect this information on your mobile device, you may not use our Services as such collection and use is necessary for the provision of our Services.
f. Certain features of the Platform require access to and use of your device’s map features or functionality, such as Google Maps, or other third-party services. Any use of those features will be subject to the terms and conditions applicable to such third-party services. By using the Platform, and depending on your device’s operating system, you may also have to agree to the Google Maps end-user terms located at http://www.google.com/help/terms_maps.html (as may be changed from time to time by Google). It is your sole responsibility to review the terms and conditions that apply to Google Maps before using it; these Terms do not apply to any activities conducted via the Google Maps site. Likewise, by using the Platform, you may also agree to the Apple end-user terms located at http://www.apple.com/legal/sla/ (as may be changed from time to time by Apple). It is your sole responsibility to review the terms and conditions that apply to Apple mobile devices before using them.
g. You understand that the Phoenix Teknologies Platform is evolving. As a result, Phoenix Teknologies may require you to accept updates to the Application or other software that you have installed on your computer or mobile device. You acknowledge and agree that Phoenix Teknologies may update the Application with or without notifying you. You may need to update third-party software from time to time in order to use the Platform or Application.
5. Communication from Phoenix Teknologies. By entering into these Terms or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls, or prerecorded messages may be generated by automated telephone dialing systems. Communications from Phoenix Teknologies and other Users, including Family Support Drivers/Team Drivers and Customer(s), may include but are not limited to improving or using the Platform, operational communications concerning your account or the Services you provide or receive, updates concerning new and existing features relating to the Platform, communications concerning promotions run by us or our third-party partners, and news concerning Phoenix Teknologies and industry developments. We do not charge for this feature. However, any standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY REPLY “STOP” TO A PHOENIX TEKNOLOGIES TEXT MESSAGE FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SERVICES OR THE SERVICES.
IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM PHOENIX TEKNOLOGIES (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN REPLY “STOPALL” TO A PHOENIX TEKNOLOGIES TEXT MESSAGE FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT BY OPTING OUT OF RECEIVING ALL CALLS OR TEXTS YOU WILL NO LONGER BE ABLE TO USE THE SERVICES, AS SUCH COMMUNICATIONS ARE NECESSARY FOR PROVIDING THE SERVICES. WE WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY SMS MESSAGES AS DELIVERY IS SUBJECT TO EFFECTIVE TRANSMISSION FROM YOUR MOBILE SERVICE OPERATOR.
6. Intellectual Property.
a. Except for User Submissions (defined below) and third-party content, the Platform, including text, software, graphics, photos, interactive features and other content and the trademarks displayed on the Platform, including the Phoenix Teknologies Application and website, are owned by Phoenix Teknologies and its licensors and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. Subject to these Terms, and unless otherwise specified by Phoenix Teknologies in a separate license, Phoenix Teknologies only grants you a limited license to reproduce portions of the Phoenix Teknologies Platform for your internal use.
b. If you are an Enterprise Customer, Phoenix Teknologies grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement and any other agreement entered into between you and Phoenix Teknologies, a limited, revocable, non-exclusive license to display and use the trademarks owned by Phoenix Teknologies (the “Phoenix Teknologies Marks”) solely in connection with promoting the Enterprise Customer’s relationship with Phoenix Teknologies.
c. If you are a Family Support Driver/Team Driver, Phoenix Teknologies grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement and any other agreement entered into between you and Phoenix Teknologies, a limited, revocable, non-exclusive license to display the Phoenix Teknologies Marks on your vehicle and to wear clothing displaying the Phoenix Teknologies Marks while you are performing services as a Family Support Driver/Team Driver, provided all displayed materials are obtained directly from Phoenix Teknologies. This limited license does not allow for the creation of derivative or modified versions of the Phoenix Teknologies Marks, or the use of the Phoenix Teknologies Marks for any purpose other than as set forth in this paragraph.
d. The rights granted to you by these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Phoenix Teknologies Platform or any portion of the Phoenix Teknologies Platform; (ii) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other aspect of the Phoenix Teknologies Platform, including without limitation any portion of the Phoenix Teknologies website; (iii) you shall not use any metatags or other “hidden text” using Phoenix Teknologies’s name or trademarks; (iv) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Phoenix Teknologies Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Phoenix Teknologies Application or website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Phoenix Teknologies Application or website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (vi) you shall not access the Phoenix Teknologies Platform in order to build a similar or competitive website, application or service; (vii) except as expressly stated herein, no part of the Phoenix Teknologies Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (viii) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any feature of the Phoenix Teknologies Platform. Any future release, update or other addition to the Phoenix Teknologies Platform shall be subject to the Terms. Phoenix Teknologies, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Phoenix Teknologies Platform terminates the licenses granted by Phoenix Teknologies pursuant to the Terms.
e. In the event of any proven breach by you of any provision of this Section, you agree that Phoenix Teknologies will be irreparably harmed as a matter of law and will be entitled to immediate injunctive relief against you prohibiting any continued use by you of the Phoenix Teknologies Marks.
7. Prohibited Uses. You agree not to use, or direct others to use, the Phoenix Teknologies Platform or Services in any manner that is prohibited by these Terms, including any manner that:
a. violates any law, statue, rule, permit, ordinance, or regulation;
b. causes any harm or injury to any person, including Passengers;
c. is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, vulgar, pornographic, obscene, offensive, or profane;
d. discriminates 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 any other characteristic protected by law;
e. violates Phoenix Teknologies’s Zero Tolerance Policy;
f. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
g. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
h. involves commercial activities and/or sales without Phoenix Teknologies’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
i. impersonates any person or entity, including any employee or representative of Phoenix Teknologies, and other Family Support Drivers/Team Drivers or Customer(s);
j. interferes with or attempts to interfere with the proper functioning of the Phoenix Teknologies Platform, or in any way not expressly permitted by the Terms; or
k. attempts to engage in or engages in, any potentially harmful acts that are directed against Phoenix Teknologies, including but not limited to violating or attempting to violate any security features of the Phoenix Teknologies Platform, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages created or maintained by Phoenix Teknologies, introducing viruses, worms, or similar harmful code, or interfering or attempting to interfere with use of the Phoenix Teknologies Platform or Services by any other User, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Phoenix Teknologies Platform.
8. User Submissions. The Phoenix Teknologies Platform may enable you to post, upload, e-mail, transmit or otherwise make available, your own content, information, data, or materials (“User Submissions”). User Submissions are the sole responsibility of the party from whom such User Submissions originated. You grant us a non-exclusive, fully paid, world-wide, transferable, perpetual, irrevocable, royalty-free license, with the right to grant sublicenses, to display, publicly perform, distribute, store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use your User Submissions in any manner, in any medium, for any purpose in connection with the Phoenix Teknologies Platform, website or Application. You acknowledge and agree that you have no expectation of compensation, privacy, or confidentiality with respect to any User Submission. User Submissions may be available to other Users (such as Family Support Drivers/Team Drivers and Customer(s). We may refuse or remove User Submissions at any time. You represent and warrant that you own all rights in your User Submissions or you have acquired all necessary rights in your User Submissions to enable you to grant Phoenix Teknologies the rights in your User Submissions described above. We have no obligation to pre-screen User Submissions or any other content on the Phoenix Teknologies Platform, although we reserve the right in our sole discretion to pre-screen, refuse or remove such content.
9. Feedback. Phoenix Teknologies is continually looking to improve its Platform and encourages Users to provide feedback about their experience using the Platform and the Services that Users provide or arrange for through the Application or website. All Users consent to feedback from other Users. Feedback on Family Support Drivers/Team Drivers may be shared with Family Support Drivers/Team Drivers and may be used for any purpose without attribution, accounting, or compensation to you. We de-identify the feedback, but we can’t rule out that a User may be able to identify the individual or entity that provided the feedback.
10. Third-party Websites and Service Providers. As a part of the Phoenix Teknologies Platform, you may have access to materials that are hosted by another party (including the maps referenced above in Section 4(g)). You agree that it is impossible for Phoenix Teknologies to monitor such materials and that you access these materials at your own risk. The Phoenix Teknologies Platform may provide information from and links to third-party websites and applications (“Third-party Websites”) and advertisements for third parties (collectively, “Third-party Websites & Ads”). When you click on a link to any Third-party Websites & Ads, we will not warn you that you have left our website or Application and are subject to the terms and conditions (including privacy policies) of another website, application, or destination. Such Third-party Websites are not under the control of Phoenix Teknologies. Phoenix Teknologies is not responsible for any Third-party Websites & Ads. Phoenix Teknologies provides these Third-party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-party Websites & Ads, or their products or services. You use all links in Third-party Websites & Ads at your own risk. When you leave our website or Application, our Terms no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
11. Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PHOENIX TEKNOLOGIES PLATFORM, INCLUDING ANY SERVICES PROVIDED BY INDEPENDENT CONTRACTOR FAMILY SUPPORT DRIVERS/TEAM DRIVERS, IS AT YOUR SOLE RISK, AND THE PHOENIX TEKNOLOGIES PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, WHETHER KNOWN OR UNKNOWN. PHOENIX TEKNOLOGIES AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “COVERED PARTIES”) DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). THIS PROVISION ALSO APPLIES TO, WITHOUT LIMITATION, ANY BOOSTER SEATS THAT MAY BE PROVIDED BY PHOENIX TEKNOLOGIES OR FAMILY SUPPORT DRIVERS/TEAM DRIVERS OR THE INSTALLATION OF SUCH BOOSTER SEATS BY FAMILY SUPPORT DRIVERS/TEAM DRIVERS. THE COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE PHOENIX TEKNOLOGIES PLATFORM OR FOR THE CONDUCT OR PERFORMANCE OF THE FAMILY SUPPORT DRIVERS/TEAM DRIVERS, CUSTOMER(S), PASSENGERS, ENTERPRISE CUSTOMERS OR OTHER USERS.
USERS ARE NOT COVERED PARTIES WITHIN THE MEANING OF THESE TERMS. WE DO NOT CONTROL OR HAVE THE RIGHT TO CONTROL USERS EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE OR ANY APPLICABLE SUPPLEMENTAL TERMS OR AS REQUIRED BY APPLICABLE STATE AND/OR FEDERAL LAW, REGULATION, OR ORDINANCE. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF OR PERFORMANCE OF SERVICES PROVIDED BY FAMILY SUPPORT DRIVERS/FAMILY SUPPORT DRIVERS/TEAM DRIVERS. WE DO NOT GUARANTEE CUSTOMER(S)S THAT ANY RIDE REQUEST WILL BE ACCEPTED BY FAMILY SUPPORT DRIVERS/TEAM DRIVERS OR THAT FAMILY SUPPORT DRIVERS/TEAM DRIVERS WILL RECEIVE ANY PARTICULAR NUMBER OF RIDE REQUESTS BY CUSTOMER(S). TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COVERED PARTIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, OR NEGLIGENCE OF ANY USERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE DO NOT REPRESENT OR ENDORSE AND SHALL NOT BE RESPONSIBLE FOR YOUR ABILITY OR INABILITY TO ARRANGE FOR OR PROVIDE SERVICES USING THE PHOENIX TEKNOLOGIES PLATFORM. PHOENIX TEKNOLOGIES SHALL NOT BE LIABLE FOR ANY DELAY IN OR FAILURE TO PERFORM ANY SERVICES.
12. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE COVERED PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COVERED PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO YOUR USE OF THE PHOENIX TEKNOLOGIES PLATFORM OR SERVICES. IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT OF FEES WE RECEIVE FROM YOUR RIDE REQUESTS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY, OR (i) ONE THOUSAND DOLLARS ($1000.00). THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A COVERED PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COVERED PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COVERED PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. THE FOREGOING LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
13. Indemnity. Indemnity. You agree to indemnify and hold harmless the Covered Parties against any and all claims, damages, losses, costs, liabilities, and expenses or fees (including reasonable attorneys’ fees), of any kind, relating to or arising out of: (i) your use of the Phoenix Teknologies Platform or Services; (ii) your (or in the case of Customer(s), your Passengers’) violation or breach of any provision of these Terms, the rules of Phoenix Teknologies, or any applicable law or regulation, including HIPAA, whether or not referenced herein; (iii) your violation of any rights of any third-party; (iv) your use of, or inability to use, the Phoenix Teknologies Platform to arrange for or provide Services, or for any reason. Phoenix Teknologies reserves the right, at its sole discretion and expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Phoenix Teknologies in asserting any available defenses. This provision does not require you to indemnify any of the Covered Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Phoenix Teknologies Platform. You agree that the provisions in this section will survive termination of your User account, the Terms, or your access to the Phoenix Teknologies Platform.
14. State and Local Disclosures. Certain jurisdictions require additional disclosures to you. It is your responsibility to know and follow any local or state-specific disclosures that may apply to you. You can view disclosures required by your local jurisdiction. Failure to abide by such disclosures may result in the temporary or permanent deactivation of your User account. We will update the disclosures page as jurisdictions add, remove, or amend these required disclosures, so please check in regularly for updates.
15. Term and Termination. These Terms may be terminated by User, without cause, upon seven (7) days’ written notice to Phoenix Teknologies, or by either Party immediately, without notice, upon the other Party’s material breach of the Terms, including but not limited to any breach of Section 7 or 18(a) – (t) of the Terms. In addition, Phoenix Teknologies may terminate the Terms or deactivate your User account immediately in the event (i) you no longer qualify to provide or arrange for Services or operate under applicable law, ordinance, permit, or regulation; (ii) Phoenix Teknologies has the good faith belief that such action is necessary to protect the safety of the Phoenix Teknologies community or third parties; or, (iii) you fall below any applicable User rating, safety score, or cancellation threshold. In the event of deactivation pursuant to (i)-(iii) above, you will be given notice of the potential or actual deactivation and an opportunity to cure the breach. If the breach is cured in a timely manner and to Phoenix Teknologies’s satisfaction, your account and the Terms will not be permanently deactivated. You may not use the Phoenix Teknologies Platform after your account has been deactivated unless expressly authorized by Phoenix Teknologies. Sections 2, 4(f), 5, 6, 8, 11-13, and 15-18 shall survive any termination or expiration of the Terms.
16. Dispute Resolution. PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PHOENIX TEKNOLOGIES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 16 OF THE TERMS SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
a. Agreement to Binding Arbitration Between You and Phoenix Teknologies. YOU AND PHOENIX TEKNOLOGIES MUTUALLY AGREE TO WAIVE THE RIGHT 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. The Arbitration Agreement is governed by the Federal Arbitration Act and survives after the Terms terminates or your relationship with Phoenix Teknologies ends. ANY ARBITRATION UNDER THIS ARBITRATION 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 Phoenix Teknologies, including our affiliates, subsidiaries, parents, successors, and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and Phoenix Teknologies’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND PHOENIX TEKNOLOGIES. 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: the Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Phoenix Teknologies Platform, the Services, any other goods or services made available through the Phoenix Teknologies Platform, your relationship with Phoenix Teknologies, the threatened or actual suspension, deactivation or termination of your User account or the Terms, background checks performed by or on Phoenix Teknologies’s behalf, drug or alcohol testing, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Phoenix Teknologies, 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 Phoenix Teknologies 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 PHOENIX TEKNOLOGIES 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 PHOENIX TEKNOLOGIES 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 PHOENIX TEKNOLOGIES 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 PHOENIX TEKNOLOGIES, WHICH ARE ADDRESSED SEPARATELY IN SECTION 16(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.
Notwithstanding any other provision of the Terms, the Arbitration Agreement Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the dispute is filed as a class, collective, or representative action, and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
As part of the arbitration, both you and Phoenix Teknologies 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 Passengers or Family Support Drivers/Team Drivers but is bound by rulings in prior arbitrations involving the same Rider or Family Support Driver/Team Driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
C. With respect to any Claims brought by Phoenix Teknologies against a Family Support Driver/Team Driver, or for Claims brought by a Family Support Driver/Team Driver against Phoenix Teknologies that: (i) are based on an alleged employment relationship between Phoenix Teknologies and a Family Support Driver/Team Driver; (ii) arise out of, or relate to, Phoenix Teknologies’s actual deactivation of a Family Support Driver/Team Driver’s User account or a threat by Phoenix Teknologies to deactivate a Family Support Driver/Team Driver’s User account; (iii)
actual termination of these Terms, or a threat by
Phoenix Teknologies to terminate these Terms; (iv) arise out of, or relate to, Fares (as defined in this Agreement, including Phoenix Teknologies’s commission or fees on the Fares), tips, or average hourly guarantees owed by Phoenix Teknologies to Family Support Drivers/Team Drivers for Services, other than disputes relating to referral bonuses, other Phoenix Teknologies promotions, or consumer-type disputes, or (v) arise out of or relate to background checks performed in connection with a user seeking to become a Family Support Drivers/Team Driver (the subset of Claims in subsections (i)-(v) shall be collectively referred to as “Family Support Driver/Team Driver Claims”), Phoenix Teknologies 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 Phoenix Teknologies pursuant to the fee provisions above). However, if you are the party initiating the Family Support Driver/Team 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 Passengers, unless a lower fee amount would be owed by you, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section 16(e)(3), the term “Family Support Driver/Team Driver” shall be deemed to include both Family Support Drivers/Team Drivers and Family Support Drivers/Team Driver applicants who have not been approved to use the Platform.
D. 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.).
E. 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.
F. Although under some laws Phoenix Teknologies may have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, Phoenix Teknologies agrees that it will not seek such an award unless you are represented by an attorney, or the arbitrator has determined that the claim is frivolous or brought for an improper purpose.
G. If the arbitrator issues you an award that is greater than the value of Phoenix Teknologies’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then Phoenix Teknologies will pay you the amount of the award or U.S. $1,000, whichever is greater.
17. Location and Manner of Arbitration. Unless you and Phoenix Teknologies agree otherwise, any arbitration hearings between Phoenix Teknologies and a Customer(s) (except Enterprise Customers) will take place in the county of your billing address, and any arbitration hearings between Phoenix Teknologies and a Family Support Driver/Team Driver will take place in the county in which the Family Support Driver/Team Driver provides Services. Unless you and Phoenix Teknologies agree otherwise, any arbitration hearings between Phoenix Teknologies and an Enterprise Customer will take place in Grand Rapids, Michigan.
g. Exceptions to Arbitration. This Arbitration Agreement shall not require arbitration of the following types of claims: (i) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (ii) 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 16(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the Federal Arbitration Act (“FAA”); (iii) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (iv) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
h. Severability. In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.
i. Team Driver/Family Support Driver Claims in Pending Settlement. If you are a member of a putative class in a class or representative action lawsuit against Phoenix Teknologies involving Team Driver/Family Support 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 Team Driver/Family Support Driver Claims in that particular class action. Instead, your Family Support Driver/Team 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. As a Family Support Driver/Team Driver or Family Support Driver/Team Driver applicant, you may opt out of the requirement to arbitrate Family Support Driver/Team Driver Claims defined in Section 16(e)(3) (except as limited by Section 16(i) above) pursuant to the terms of this subsection if you have not previously agreed to an arbitration provision in Phoenix Teknologies’s Terms where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified below but opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with Phoenix Teknologies. If you have not previously agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement To opt out, you must notify Phoenix Teknologies in writing no later than 30 days after you accept these Terms and become subject to this Arbitration Agreement. Your notice must include your name and address, your Phoenix Teknologies Username (if any), the email address you used to set up your User account (if you have one), a CLEAR statement that you want to opt out of this Arbitration Agreement, and your handwritten signature. You must send notice of your desire to opt out of arbitration for such Family Support Driver/Team Driver Claims, which writing must be dated, signed and delivered by: (i) electronic mail to email@example.com, or (ii) by US Postal Service certified mail, return receipt requested to:
Legal and Policy Phoenix Teknologies, LLC, 7125 Headley St. SE #491, Ada, MI 49301-8777.
If you opt out of this Arbitration Agreement, all other provisions of the Terms will continue to apply to you. Opting out of this Arbitration Agreement will have no effect on any other prior arbitration agreements between you and Phoenix Teknologies or any future arbitration agreement between you and Phoenix Teknologies.
k. Optional Pre-Arbitration Negotiation Process. Before initiating any arbitration or proceeding, you and Phoenix Teknologies 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 Phoenix Teknologies. 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.
17. General. Except as provided in Section 16, any enforcement of or dispute relating to these Terms shall be governed by the laws of the State of Michigan without regard to choice of law principles. This choice of law provision is only intended to specify the use of Michigan law to interpret these Terms and is not intended to create any other substantive right to non-Michiganns to assert claims under Michigan law whether by statute, common law, or otherwise. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of these Terms. 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 these Terms. You agree that these Terms and all incorporated policies and agreements may be automatically assigned by Phoenix Teknologies, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Phoenix Teknologies shall be given by certified mail, postage prepaid and return receipt requested to Phoenix Teknologies, LLC, 7125 Headley St. SE #491, Ada, MI. 49301-8777. Any notices to you shall be provided to you through the Phoenix Teknologies Platform or given to you via the email address or physical address you provide to Phoenix Teknologies when you create or update your account. 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. These Terms set forth the entire understanding and agreement between you and Phoenix Teknologies with respect to the subject matter hereof and supersede all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the Phoenix Teknologies Platform or Services, please contact our Customer Support Team through email at Support@Phoenix-Teknologies.com.
18. Family Support Driver/Team Driver Supplemental Terms. By using the Phoenix Teknologies Platform to provide Services as a Family Support Driver/Team Driver, you acknowledge, represent, warrant, and agree that:
a. You are an independent provider of transportation services. You use the Phoenix Teknologies Platform to advertise and connect with other Users who wish to arrange for your Services, and you provide Services to other Users of the Platform solely on behalf of yourself and your own independently established business, not on behalf of Phoenix Teknologies. The relationship between you and Phoenix Teknologies under these Terms is solely that of independent contracting parties. You and Phoenix Teknologies expressly agree that (i) this is not an employment agreement and does not create an employment relationship between you and Phoenix Teknologies, and (ii) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by these Terms. You have no authority to bind Phoenix Teknologies, and you undertake not to hold yourself out as an employee, agent, or authorized representative of Phoenix Teknologies.
b. Phoenix Teknologies does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms 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 Phoenix Teknologies Platform. You retain the option to accept or to decline or ignore a Customer(s)’s request for Services via the Phoenix Teknologies Platform, or to cancel an accepted request for Services via the Phoenix Teknologies Platform, subject to Phoenix Teknologies’s then-current cancellation policies. You determine the rate for your Services when using the Phoenix Teknologies Platform by deciding when and how often to accept ride requests and which ride requests to accept.
c. With the exception of any signage required by law or permit/license rules or requirements, Phoenix Teknologies does not require you to: (i) display Phoenix Teknologies’s names, logos, or colors on your vehicle(s); or (ii) wear a uniform or any other clothing displaying Phoenix Teknologies’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.
d. You have a valid driver’s license and all other required licenses, certifications, permits, approvals, and authority to provide independent transportation services to third parties in all jurisdictions in which you operate as a Family Support Driver/Team Driver using the Phoenix Teknologies Platform. You must provide written copies of all required licenses, permits and other documentation necessary to establish your ability to operate as a Family Support Driver/Team Driver.
e. You have and can provide of proof of valid liability insurance consistent with all applicable legal requirements that names or schedules you for the operation of the vehicle you use to provide Services. Your insurance company must have the following:
Insurance requirements on a TNC driver, or a TNC on the TNC driver’s behalf, that meet or exceed the requirements: o The motor vehicle insurance is issued:
§ by an insurance company that holds a certificate of authority to do insurance business in Indiana under IC 27-1-3-20; or
§ through a surplus lines producer licensed under IC 27-1-15.8.
o The language of the motor vehicle insurance policy:
§ recognizes that the driver is a TNC driver or otherwise uses the personal vehicle to transport passengers for compensation; and
§ covers the driver while the driver is:
• logged on to the TNC’s digital network; or
• engaged in a prearranged ride.
o The motor vehicle insurance must meet the following coverage requirements while a TNC driver is logged on to the TNC’s digital network but is not engaged in a prearranged ride:
§ Primary motor vehicle liability insurance in an amount equal to at least:
• $50,000 per person for death and bodily injury;
• $100,000 per incident for death and bodily injury; and
• $25,000 per incident for property damage;
§ The insurance required above may be provided by any of the following:
• Motor vehicle insurance maintained by the TNC driver;
• Motor vehicle insurance maintained by the TNC; or
• Motor vehicle insurance maintained by any combination of the two.
o The motor vehicle insurance must meet the following coverage requirements while a TNC driver is engaged in a prearranged ride:
§ Primary motor vehicle liability insurance in an amount equal to at least $1 million per incident for death, bodily injury, and property damage.
f. 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 industry and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
g. You will only provide Services using the vehicle that has been reported to and approved by Phoenix Teknologies. You agree to update your account to reflect any change to your vehicle information and provide all requisite information for vehicle approval in advance of using the vehicle to provide Services.
h. You will not attempt to defraud Phoenix Teknologies, Users, or any other third-party on the Phoenix Teknologies Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity, we may deactivate your account and/or withhold applicable payments for the ride(s) in question.
i. You agree that we may obtain information about your background on a continuous and ongoing basis, including criminal history and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of these Terms, consistent with applicable law or regulations. You agree to immediately self-report any arrest, conviction, or driving infraction.
j. By accepting a ride request, you are entering into an agreement with the Customer(s) to transport the Rider to a predetermined drop off location. You must transport a Rider directly to the predetermined drop-off location selected by the Customer(s).
k. You must be able to provide satisfactory verification of your identity to the Customer(s) or Enterprise Customer as the Family Support Driver/Team Driver that was matched with the Rider. Unless required by law, regulation, or ordinance, you are not required to wear a Phoenix Teknologies t-shirt or other Phoenix Teknologies-branded apparel, but such items are available to you through the Phoenix Teknologies store. Nothing in these Terms shall limit your right to display your own business name, logo or colors on your vehicle or your apparel. You may not misrepresent to the public that you are using the Phoenix Teknologies Platform to provide Services if you are not actually using the Platform at the time the Services are provided.
l. You must be able to communicate with Phoenix Teknologies, including its representatives and agents, and Customer(s)s and Rider to whom you provide Services.
m. You must comply with all state and federal laws, local ordinances and regulations that apply to the operation of a motor vehicle in the jurisdiction in which you provide Services. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third-party to accompany you in the vehicle while providing Services, provide Services as a Family Support Driver/Team Driver while under the influence of alcohol or drugs, engage in illegal use of a mobile device, or take action that harms or threatens the safety of the Rider, Phoenix Teknologies community, or third-parties. More information regarding restricted activity can be found in the Zero Tolerance Policy.
n. You acknowledge and agree to abide by any applicable drug and alcohol testing policies. By agreeing to the Terms, you further acknowledge that you have received, reviewed, and agree to Phoenix Teknologies’s drug and alcohol testing policies, and voluntarily consent to the testing described therein.
o. You must have a current and always working cell phone number on your account.
p. You must install and use a car seat or booster as required by law. From time to time, you may receive requests from Customer(s)s to install car seat or boosters when not required by law. If you are not able to install a car seat or booster under either scenario, you will not be matched with the ride request.
q. During a ride, you must not interfere with the operation of the Application or disable the collection of location-based information from your mobile device.
r. You are responsible for maintaining any business licenses or certifications required by law, ordinance, or regulation.
s. You will make reasonable accommodation for Passengers and/or for service animals, as required by law.
t. By using the Platform to provide Services, you consent to and hereby authorizes Phoenix Teknologies (directly or through a service provider) to collect, use, store, and share certain driving and other location-based data while the Application is open or being used as set forth in the Terms.
u. You will pay all applicable federal, state, and local taxes based on your provision of Services and any payments received by you.
Highly interactive course presents real-life driving situations, hazard recognition scenarios and defensive driving techniques to motivate drivers to change risky driving habits and behaviors to avoid collisions and traffic violations. The 4-hour and 2-hour courses features adaptive curriculum tailored to the participant’s profile, including age, gender, driving behaviors and attitudes, vehicle and geographic location based on a series of responses to questions asked throughout the course. Offered in English and Spanish.
19. Pricing and Payment Terms. Phoenix Teknologies does not pay Family Support Drivers/Team Drivers for Services that Family Support Drivers/Team Drivers provide while using the Phoenix Teknologies Platform. As a Customer(s), you understand that Family Support Drivers/Team Drivers provide Services directly to you and that your request or use of Family Support Driver/Team Driver Services may result in charges to you (“Charges”). Charges include all applicable fees, tolls, surcharges, and taxes as set forth in the Pricing and Payment Terms and your market’s pricing. You expressly authorize Phoenix Teknologies to charge the credit card or debit card associated with your account (“Payment Method”) for all applicable Charges. In addition to these Charges, you may elect to pay your Family Support Driver/Team Driver a tip. Phoenix Teknologies has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s pricing page or quoting you a price for a specific ride at the time you make a request. You are responsible for reviewing the applicable pricing terms and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges.
If you are a Family Support Driver/Team Driver, you will receive payments from Customer(s) for your Services subject to the Pricing and Payment Terms. Phoenix Teknologies will collect payments owed to you by Customer(s) and other third parties as your limited collection agent and you agree that receipt of such payments by Phoenix Teknologies satisfies the payer’s obligation to you. Phoenix Teknologies reserves the right to adjust or withhold all or a portion of any Charges, including Ride Fees, or other payment owed to you (except tips) to satisfy any fees or other charges associated with your use of the Phoenix Teknologies Platform.
20. Promotions. From time to time, we may elect to run or otherwise make available promotional offers, deals and/or codes through the Platform. We may establish and modify, in our sole discretion, the terms of any such offer and suspend or end any such offer at any point, with or without notice to you. We reserve the right, in our sole discretion, to reject or refuse to honor any special deal or promotional code you submit to, or otherwise attempt to redeem on, the Platform. Promotional codes are generally limited to one use per customer/User.
21. Phoenix Teknologies Zero Tolerance Policy.
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