**IMPORTANT: PLEASE READ CAREFULLY**

By agreeing to these terms, you are forfeiting your right to pursue legal action in a court of law and waiving your right to a trial by jury on your claims.

**ARBITRATION AGREEMENT:**

These Terms of Service (“Terms”) establish a legally binding agreement between you and VIP Pedicab, including its subsidiaries, representatives, affiliates, officers, and directors (collectively referred to as “VIP Pedicab”) governing your utilization of VIP Pedicab’s digital marketplace platform, known as the VIP Pedicab Marketplace Platform, and any associated content or services, including mobile and web-based applications (collectively referred to as the “Services”).

It's imperative to understand that these Terms contain provisions governing how disputes between you and VIP Pedicab are resolved. The arbitration agreement detailed in Section 2 mandates that all disputes with VIP Pedicab be resolved on an individual basis through final and binding arbitration, with limited exceptions. This includes claims that arose or were asserted before the effective date of these Terms. By agreeing to these Terms, you acknowledge that you've read, understood, and carefully considered all of their provisions and consequences.

**Terms Overview:**

1. **Contractual Relationship; Termination; and Modification:**

   Alongside these Terms, your access to and use of the Services are governed by additional terms found on our website, including the Privacy Notice, User Generated Content Terms, Community Guidelines, Referral Policies, ADT Mobile Security Monitoring Terms, and other relevant VIP Pedicab standards and policies (collectively referred to as “Supplemental Terms”). Together, these form the complete set of terms governing your use of the Services.

   These Terms and Supplemental Terms collectively constitute the “Terms.” They regulate your access or use of the Services within the United States and its territories and possessions.

   By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you disagree with these Terms, refrain from accessing or using the Services.

   **Termination:**

   VIP Pedicab reserves the right to immediately terminate these Terms or any Services concerning you, or cease offering or denying access to the Services, at any time and for any reason, at its sole discretion.

  **Modification:**

  VIP Pedicab retains the right to amend these Terms or its policies regarding the Services at any time. Any such modifications become effective upon posting an updated version of these Terms through the Services or VIP Pedicab’s website. It’s recommended to regularly review these Terms, as your continued use of the Services after changes constitutes your agreement to them.

**Arbitration Agreement Between You and VIP Pedicab**

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against VIP Pedicab on an individual basis in binding arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. Binding arbitration is a procedure in which a dispute is submitted to one or more arbitrators who make a binding decision on the dispute. In choosing binding arbitration, you and VIP Pedicab are opting for a private dispute resolution procedure where you agree to accept the arbitrator’s decision as final instead of going to court. You and VIP Pedicab are each waiving your right to a jury trial.

This Arbitration Agreement will preclude you from bringing any class, collective, coordinated, consolidated, mass, and/or representative action against VIP Pedicab, and also preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against VIP Pedicab by someone else—except as provided below in Section 2(a)(3)(c). Thus, the parties agree that the Arbitrator shall not conduct any form of class, collective, coordinated, consolidated, mass, and/or representative arbitration, nor join, coordinate, or consolidate claims of multiple individuals against VIP Pedicab in a single proceeding—except as provided below in Section 2(a)(3)(c). For the avoidance of doubt, except as provided below in Section 2(a)(3)(c), this Arbitration Agreement precludes you from bringing or participating in any kind of class, collective, coordinated, consolidated, mass, and/or representative or other kind of group, multi-plaintiff or joint action against VIP Pedicab, other than participating in a classwide, collective, coordinated, consolidated, mass, and/or representative settlement of claims.

**Agreement to Binding Arbitration Between You and VIP Pedicab:**

(1) **Covered Disputes:** Except as expressly provided below in Section 2(b), you and VIP Pedicab agree that any dispute, claim, or controversy in any way arising out of or relating to these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; your access to or use of the Services at any time; incidents or accidents resulting in personal injury or death to you or anyone else that you allege occurred in connection with your use of the Services (including, but not limited to, your use of the VIP Pedicab Marketplace Platform or the driver version of the VIP Pedicab App), regardless of whether the dispute, claim, or controversy occurred or accrued before or after the date you agreed to these Terms, and regardless of whether you allege that the personal injury or death was experienced by you or anyone else; and your relationship with VIP Pedicab, will be settled by binding individual arbitration between you and VIP Pedicab, and not in a court of law. This Arbitration Agreement survives after your relationship with VIP Pedicab ends.

(2) **Class Action Waiver:** Any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent you or VIP Pedicab from participating in a classwide, collective, and/or representative settlement of claims.

The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against VIP Pedicab in a single proceeding, except that this Class Action Waiver shall not prevent you or VIP Pedicab from participating in a classwide, collective, and/or representative settlement of claims. If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by you or VIP Pedicab.

(3) **Mass Actions:**

(a) **Mass Action Waiver:** Any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration—except as provided below in Section 2(a)(3)(c). The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or VIP Pedicab are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or VIP Pedicab’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in this agreement, this Mass Action Waiver does not prevent you or VIP Pedicab from participating in a mass settlement of claims.

Dispute Procedure:

Despite any conflicting provision in the applicable arbitration provider’s rules, the arbitrator has the authority to determine if the party initiating a claim has filed a Mass Action in violation of the Mass Action Waiver. Either party must raise such a dispute with the arbitrator or arbitration provider within 15 days of its occurrence. If this dispute arises before the appointment of an arbitrator, the parties agree to the following:

1. A panel of three arbitrators will be appointed to resolve disputes solely related to whether a Mass Action has been filed in violation of the Mass Action Waiver.

2. Each party will select one arbitrator from the arbitration provider’s roster as a neutral arbitrator, and these arbitrators will then appoint a third neutral arbitrator.

3. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will make the selection.

4. Uber will cover administrative fees or costs related to the appointment of Arbitrators under this provision, as well as any fees or costs not incurred in a court proceeding, such as arbitrator fees and room rental.

5. The arbitrators will issue a written decision with factual findings and legal conclusions.

6. Any further arbitration proceedings or assessment of arbitration-related fees will be halted pending resolution of the dispute by the arbitrators.

If the arbitrator or panel determines a violation of the Mass Action Waiver, the parties will have 30 days to opt out of arbitration. Opting out requires written notice sent to both the arbitration provider and Uber Technologies, Inc., at the specified address via USPS Priority Mail or hand delivery, signed by the individual initiating the claim. Uber can opt out by providing written notice to the arbitration provider and to the represented party, if applicable. This opt-out provision applies only if a violation of the Mass Action Waiver is determined by the arbitrator or panel.

Batching:

To streamline resolution in the event of a Mass Action where neither party opts out of arbitration, the following steps will be taken:

1. Upon either party's request, an arbitrator will be selected to act as a special master to address threshold disputes concerning the Mass Arbitration Demands.

2. These disputes may include matters related to filing fees, compliance with the Arbitration Agreement, demand requirements, eligibility, prior settlements, representation, choice of arbitration provider, discovery, and common legal or factual issues.

3. Upon appointment of a Special Master, further processing of Mass Arbitration Demands will be paused until resolution of disputes.

4. After Special Master proceedings, eligible Mass Arbitration Demands will be grouped into batches for arbitration, with each batch containing no more than 100 demands organized by state and alphabetically by last name.

5. Each batch will be treated as one case by the arbitration provider, with one demand for arbitration, one appointed arbitrator, and one set of administrative documents and fees per batch.

6. Batches will proceed to arbitration one at a time, with a separate arbitrator appointed for each batch.

7. The parties will cooperate to implement this batching approach, with no limitation on objecting to multiple demands filed by the same representative.

If any Mass Arbitration Demands were initially processed individually before batching, subsequent proceedings will follow the procedures outlined herein.

Delegation Clause:

Only an arbitrator, not any court or agency, has exclusive authority to resolve disputes related to the interpretation, enforceability, or formation of this Arbitration Agreement. The Arbitrator also has exclusive authority over threshold arbitrability issues. However, disputes regarding the Class Action Waiver and Mass Action Waiver are subject to court jurisdiction, except for determinations of Mass Action Waiver violations by the arbitrator or panel.

Application to Third Parties:

This Arbitration Agreement extends to claims involving third parties related to your use of the Services. Third-party beneficiaries bringing claims against the Parties are also subject to this Arbitration Agreement.

Exceptions to Arbitration:

Certain claims are exempt from arbitration:

1. Individual claims in small claims court.

2. Individual claims of sexual assault or harassment.

3. Injunctive or equitable relief to protect intellectual property rights.

These claims must be pursued individually in court, and class actions or representative actions against Uber are prohibited.

Rules and Governing Law:

For disputes in California, ADR Services, Inc. will administer arbitration under its Arbitration Rules. For disputes outside California, parties must agree on a neutral arbitration provider with operations in the relevant state. If no agreement is reached, a court may appoint an arbitration provider. The Federal Arbitration Act governs interpretation and enforcement of this Arbitration Agreement, preempting state laws.

Process:

Before demanding arbitration, parties must engage in good-faith efforts to resolve disputes informally. Each party must personally meet and confer within 60 days of notice of intent to arbitrate. Only one demand for arbitration can be filed after completion of the informal dispute resolution process. Initiating arbitration requires written demand to the other party and the arbitration provider, following specific procedures outlined in the agreement.

Location:

Arbitration will be held in the county of the claimant's residence (or where the dispute arises if the claimant is not a U.S. resident). Hearing rights are determined by the arbitration provider's rules, with the Arbitrator having discretion over information exchange.

Offers of Judgment:

Either party can serve written offers of judgment at least 10 days before the arbitration hearing. If accepted, the offer becomes judgment. If not accepted and the arbitration award is not more favorable, the offering party's costs are covered by the other party from the time of the offer.

Arbitrator’s Decision:

The Arbitrator will issue an award within the arbitration provider's specified timeframe, with judgment enforceable in court. Declaratory or injunctive relief is only awarded to the claimant as necessary. The Arbitrator's decision is final and binding on the parties.

Fees:

Each party is responsible for filing, administrative, and arbitrator fees as per the arbitration provider's rules, except for specific fee waivers based on income. Disputes over fee obligations are resolved by the arbitrator. If disputes arise before arbitrator appointment, a panel of arbitrators is appointed to resolve fee disputes.

Severability and Survival:

If any part of this Arbitration Agreement is found unenforceable, it will be severed, with the remainder remaining in effect. Claims not subject to arbitration due to severance will be litigated in court. This provision does not affect the enforceability of other agreement terms or the ability to compel arbitration on individual claims.

Accessing the Services

User Accounts

To utilize most features of the Services, you must register for and maintain an active personal user Services account (“Account”). Unless a specific Service provides otherwise: (i) you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to create an Account, (ii) you may only possess one Account, and (iii) you may not assign or otherwise transfer your Account to any other person or entity. VIP Pedicab reserves the right to remove or deactivate duplicate accounts. You are accountable for all activity that occurs under your Account, and you agree to safeguard the security and confidentiality of your Account credentials at all times.

You are ineligible to register for or maintain an Account if you have been previously banned from accessing or using the Services. Account registration may necessitate you to provide VIP Pedicab with certain personal information, such as your name, address, still or live photo, mobile phone number, and age, along with at least one valid payment method that you are authorized to use and is supported by VIP Pedicab (“Account Information”). It is your responsibility to furnish accurate Account Information, and in certain circumstances, you may be required to furnish proof of age, identity, or other means of identity verification to access or use the Services. Access to, or use of, the Services may be denied if you refuse to provide (or we are unable to verify) proof of age, identity, or other means of identity verification. Additionally, you consent to your wireless carrier disclosing information about your account and your wireless device, if available, to VIP Pedicab or its service providers during the duration of your business relationship, solely to facilitate VIP Pedicab in identifying you or your wireless device and to prevent fraud.

VIP Pedicab may also disable or delete your account if: your account is not confirmed after registration (where applicable); your account remains unused and inactive for an extended period; we suspect unauthorized usage and are unable to confirm your ownership of the account; or where required by applicable law. To the fullest extent permitted by applicable law, VIP Pedicab and its affiliates disclaim any liability for such loss of access and use and shall have no obligations related to such loss. If you cease your use of VIP Pedicab, or we disable your access to or use of the Services, these Supplemental Terms shall terminate as an agreement between you and us regarding those Services, but certain sections will survive termination as provided herein.

Minors.

You are not permitted to authorize third parties to use your Account, and individuals under the age of 18 may not use the Services unless accompanied by you or an adult. However, we may offer parents and guardians the option to create Accounts for their children. If you are a parent or legal guardian and you allow your child to use the Services, then these Terms apply to you, and you are accountable for your child’s activity on the Services. If you are under the age required to obtain an Account, you must obtain permission from your parent or legal guardian to use an Account and accept any additional terms required for your access and use of the Services as a minor. Please ensure that your parent or legal guardian reviews these additional terms with you. Please note: in the event of incidents involving minors, in addition to any mandatory reporting obligations, VIP Pedicab may also proactively report incidents to the relevant authorities.

Network Access and Devices.

You are responsible for securing the data network access required to use the Services. If you access or use the Services from your device, your mobile network's data and messaging rates and fees may apply. You are responsible for obtaining and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. VIP Pedicab does not guarantee that the Services, or any part thereof, will function on any specific hardware or devices. Furthermore, the Services may be subject to malfunctions and delays inherent in Internet and electronic communications use. VIP Pedicab bears no responsibility for any resulting delays, delivery failures, or damage, loss, injury, or death.

User Conduct and Requirements.

In addition to adhering to these Terms, you agree to abide by all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. Using the Services to cause nuisance, annoyance, inconvenience, damage, or loss to VIP Pedicab, the Third-Party Provider, or any other party is prohibited.

If you request a ride option with a child restraint system, neither VIP Pedicab nor the Third-Party Provider is responsible for the safety of the child restraint system available in the Third-Party Provider’s vehicle. It is your responsibility to ensure that the child restraint system is correctly installed and that the child is securely fastened in the child restraint system. Refer to your state’s laws regarding specific height, age, and weight requirements for using child restraint systems, as well as VIP Pedicab’s policies for child restraint systems, which may be outlined on city-specific web pages. If you request a ride option where a Third-Party Provider agrees to provide assistance outside of the vehicle (e.g., VIP Pedicab Assist), VIP Pedicab is not liable for any injury, death, or incident arising from the assistance provided by the Third-Party Provider.

Subject to the discretion of a Third-Party Provider, you may be permitted to bring a small animal, such as a dog or cat, on a ride requested through the Services. For such trips, you are responsible for properly securing the animal with a leash, harness, crate/carrier, or other means. You must also ensure that the animal does not cause damage or create a mess in the Third-Party Provider’s vehicle. You may incur a Charge for Repair or Cleaning under Section 6 below for any damage or mess caused by an animal transported during a ride requested under your Account. Please note, in accordance with VIP Pedicab’s policies on Service Animals and Assistive Devices, Service Animals are generally allowed to accompany riders without additional charge, regardless of whether it is a Pet-Friendly Trip.

For the purpose of assisting us with our compliance and insurance obligations, you agree to notify us within 24 hours and provide us with all reasonable information relating to any incident or accident that occurs during your use of the Services, and you agree to cooperate with any investigation and attempted resolution of such incident.

Communications with VIP Pedicab.

By creating an Account, you electronically consent to accept and receive communications from VIP Pedicab, Third-Party Providers, or third parties providing services to VIP Pedicab, including via email, text message, WhatsApp, calls, in-app communications, and push notifications to the telephone number(s) or email addresses you provided to VIP Pedicab. You may also receive communications generated by automatic telephone dialing systems and/or prerecorded or automated messages sent by or on behalf of VIP Pedicab, and/or Third-Party Providers, including but not limited to communications concerning requests placed through your Account on the Services. Message and data rates may apply. Learn more about how VIP Pedicab may contact you by reviewing our Privacy Notice.

You can adjust your notification preferences by accessing Settings in your Account. To opt out of receiving text messages from VIP Pedicab, reply “STOP” from the mobile device receiving the messages. Text messages between you and Third-Party Providers are transactional text messages, not promotional text messages. You acknowledge that opting out of receiving all communications may affect your use of the Services. If fraud or unlawful activity is suspected on your Account, VIP Pedicab may contact you using any contact information you provided in connection with your Account (including via text or voice-recorded message).

Use of Accounts Owned by Others.

If you use a VIP Pedicab product or service that enables use of or billing to another person or business, certain information will be shared with that party. This may include information regarding the time and date of services you request, the transportation, logistics, and/or delivery requested, and the associated charges for such services. If used to request transportation, we may also share information with such person or business regarding safety-related incidents that occur in connection with such transportation. You acknowledge that such data sharing is a condition of use of any such VIP Pedicab product or service.

User Provided Content; Feedback.

Content you provide to VIP Pedicab is governed by VIP Pedicab’s Generated Content Terms, which are incorporated in these Terms by reference. Feedback you provide to VIP Pedicab is governed by VIP Pedicab’s Feedback Policy, which are incorporated in these Terms by reference.

Payment

Prices & Charges.

Your use of the Services may result in charges to you for the services or goods you receive from VIP Pedicab and/or from Third-Party Providers (“Charges”). Prices displayed to you when purchasing goods through the Services may include retail prices charged by the Third-Party Provider and fees paid to VIP Pedicab. VIP Pedicab will facilitate your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may also include other applicable fees such as delivery fees, service fees, product return fees, cancellation fees, government-mandated fees (such as bag fees), estimated or actual tolls, and/or surcharges. Additionally, Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors.

Regarding Third-Party Providers, Charges you incur will be owed directly to Third-Party Providers, and VIP Pedicab will collect payment of those charges from you, on the Third-Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third-Party Provider. Payment to a Third-Party Provider of goods or services shall be considered to occur at the moment you submit payment through VIP Pedicab. You retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods. A Third-Party Provider also retains the right to request higher Charges from you for services or goods provided. Subject to requests from you to lower such Charges from a Third-Party Provider, you agree to pay such higher or lower Charges associated with such product differences. VIP Pedicab will consider in good faith any request from a Third-Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third-Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services.

There may be certain Charges you incur that will be owed and paid directly to VIP Pedicab or its affiliates. VIP Pedicab does not charge a fee for you to access the VIP Pedicab App but may charge you a fee or any other Charge for accessing Third-Party Services. Even if not indicated in the VIP Pedicab App, the prices for product or menu items displayed through the Services may differ from the prices offered or published by Third-Party Providers for the same product or menu items, including as may be offered or published at a physical location operated by a Third-Party Provider, and/or from prices available at other third-party websites/mobile applications. Prices for product or menu items displayed through the Services or fees charged by and paid to VIP Pedicab may vary based on whether you choose to pick up your order or have it delivered.

All Charges and payments will be facilitated by VIP Pedicab using the preferred payment method designated in your

Disclaimers.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." VIP PEDICAB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, VIP PEDICAB MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

VIP PEDICAB DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

VIP PEDICAB DOES NOT CONTROL, MANAGE, OR DIRECT ANY THIRD-PARTY PROVIDERS. THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF VIP PEDICAB. IF A DISPUTE ARISES BETWEEN YOU AND OR ANY OTHER THIRD PARTY, YOU RELEASE VIP PEDICAB FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

VIP PEDICAB DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. VIP PEDICAB CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

VIP PEDICAB'S USE OF ALGORITHMS IN AN ATTEMPT TO PROVIDE SERVICES OR IMPROVE THE EXPERIENCE OF USERS AND THE SECURITY AND SAFETY OF THE SERVICES DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.

Limitation of Liability.

VIP PEDICAB SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR DEATH, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF VIP PEDICAB, EVEN IF VIP PEDICAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

VIP PEDICAB SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF VIP PEDICAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VIP PEDICAB SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND VIP PEDICAB'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME VIP PEDICAB SERVICES MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF VIP PEDICAB.

THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT VIP PEDICAB HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS, OR LOGISTICS SERVICES PROVIDED TO OR NOT PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

VIP PEDICAB SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF LACK OF OR IMPROPER INSTALLATION OR USE OF CHILD RESTRAINT SYSTEMS FOR GUESTS ON RIDES REQUESTED THROUGH THE SERVICES FOR WHOM A CHILD RESTRAINT SYSTEM IS LEGALLY REQUIRED.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VIP PEDICAB’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON VIP PEDICAB’S CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity.

You agree to indemnify and hold VIP Pedicab and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) VIP Pedicab's use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.

Choice of Law.

These Terms shall be governed by and construed in accordance with the laws of the state in which your dispute arises, without regard to the choice or conflict of law principles of any jurisdiction, except as may be otherwise provided in the Arbitration Agreement in Section 2 above or in Supplemental Terms applicable to your region. This Choice of Law provision applies only to the interpretation of these Terms, and these provisions shall not be interpreted as generally extending any state’s law to you if your dispute did not arise in that state.

Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury or death (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to these Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.

Choice of Forum.

Any dispute, claim, or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be brought exclusively in the state or federal courts of the state in which the dispute, claim or controversy arose, notwithstanding that other courts may have jurisdiction over the parties and subject matter, except as may be otherwise provided by the Arbitration Agreement above or in Supplemental Terms applicable to your region.

Notwithstanding the foregoing, any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to these Terms, shall be brought exclusively in the state or federal courts in the state in which the incident or accident occurred, notwithstanding that other courts may have jurisdiction over the parties and subject matter, and except as may be otherwise provided in the Arbitration Agreement in Section 2 or in Supplemental Terms applicable to your region, to the extent permitted by law.

The foregoing Choice of Law and Choice of Forum provisions do not apply to the Arbitration Agreement in Section 2, and we refer you to Section 2 for the applicable provisions for such disputes.

Claims of Copyright and Trademark Infringement.

Claims of copyright and trademark infringement should be sent to VIP Pedicab’s designated agent. Please see VIP Pedicab’s Copyright Policy or Trademark Policy for the designated address and additional information.

Notice.

VIP Pedicab may give notice by means of a general notice on or through the Services, electronic mail to the email address associated with your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the Services). Notwithstanding the foregoing, notice of any modifications to these Terms shall be effective upon posting an updated version of these Terms on VIP Pedicab’s website or through the Services. You may give notice to VIP Pedicab, with such notice deemed given when received by VIP Pedicab, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o VIP Pedicab Technologies, Inc. The name and current contact information for the registered agent in each state are available online at [website address]. If another provision of these Terms addresses any specific notice (for example, notice of updates to these Terms, or notice of a dispute or arbitration demand), those specific notice provisions shall prevail to the extent there is any conflict or inconsistency between those provisions and this notice provision.

General.

You may not assign these Terms without VIP Pedicab’s prior written approval. VIP Pedicab may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of VIP Pedicab's equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this Section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, VIP Pedicab, any Third-Party Provider, or any Out-of-App Experience Provider as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. VIP Pedicab's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by VIP Pedicab in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.