This Driver Services Agreement (“Agreement”) is between you, an individual, independent contractor (“Driver”) and carGO – Holdings, LLC and each of its applicable affiliates or licensees (“Company”).
Company has licensed (on a non-exclusive basis) the carGO Technology (defined below) that matches persons seeking ground transportation, deliver or other services with persons (similar to Driver) willing to provide ground transportation, delivery or other services. Driver is entering into this Agreement so that Driver may utilize the carGO Technology and provide Users (defined below) with Transportation Services (defined below). Where legal, the carGo Technology may facilitate Users who are of legal drinking age to order alcohol beverages from restaurants or other establishments that may hold alcohol beverage licenses ("Alcoholic Beverage Suppliers”) and to match those Users with Drivers who are willing to provide the transport of those alcohol beverages from the Alcoholic Beverage Suppliers to those Users (collectively, the purchase and delivery of alcohol beverages are referred to in this Agreement as the “Alcohol Beverage Transportation Services” and shall be considered to be Transportation Services). “Transportation Services” refers to the Drivers delivery of food, products, alcohol, and any other services provided now or in the future.
Company is a technology company, and does not provide transportation, delivery, or other logistical services. Company simply provides a platform to facilitate these transactions between Users and independent Drivers.
DRIVER MUST AGREE TO THE TERMS OF THIS AGREEMENT BEFORE DRIVER WILL BE PROVIDED ACCESS TO THE carGO TECHNOLOGY. UPON DRIVER'S ELECTRONIC EXECUTION OF THIS AGREEMENT, DRIVER CONFIRMS THAT DRIVER HAS READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT AND HAS THOUGHTFULLY CONSIDERED THE CONSEQUENCES OF THIS AGREEMENT.
Company will enable Driver to access and use the Driver App on Driver's Device in accordance with this Agreement. Company may deactivate or suspend Driver's access to the cargo Technology if Driver has not provided and been compensated by Company for performing Transportation Services using the Driver App at least once in the 60-days prior to such deactivation or suspension. Driver agrees that Driver will maintain Driver's Login in confidence and not share Driver's Login with any third party. Driver will immediately notify Company of any actual or suspected breach or improper use or disclosure of Driver's Login or the Driver App.
When Driver has accessed the Driver App and indicated to potential Users that Driver is willing to provide Transportation Service, User’s requests for Transportation Services may appear to Driver via the Driver App if Driver is available and in the vicinity of the User, or if Driver has been selected by a User requesting Transportation Services by such User as a favorite. If Driver accepts a User’s request for Transportation Services, the carGO Technology will provide Driver with certain User Information via the Driver App, including the User’s name, location to pick-up User or User's order and the location to deliver User or User's order. Company recommends that Driver wait at least five (5) minutes for a User to show up at the User’s requested pick-up location or the location to deliver User's order. If User is not at the User’s requested pick-up or order delivery location, Driver should attempt to contact the User by phone or text message before leaving the User’s requested pick-up or order delivery location and cancelling the Transportation Service. Driver acknowledges and agrees that once Driver has accepted a User’s request for Transportation Services, the carGO Technology may provide certain information about Driver to the User, including Driver's name, contact information, photo, location, and Driver's Vehicle’s make, model and license plate number, and a photo of Driver’s Vehicle. Driver shall not contact any Users or use any User’s personal data for any reason other than for the purposes of fulfilling Transportation Services. As between Company and Driver, Driver acknowledges and agrees that: (a) Driver shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of Transportation Services; and (b) except for the carGO Technology, Driver shall provide all necessary equipment, tools and other materials, at Driver's own expense, necessary to perform Transportation Services. Driver understand and agree that Driver has a legal obligation under the Americans with Disabilities Act and similar state laws to transport Users with Service Animals (as defined by applicable state and federal law), including guide dogs for the blind and visually impaired Users, and there is no exception to this obligation for allergies or religious objections. Driver's knowing failure to transport a User with a Service Animal shall constitute a material breach of this Agreement. Driver agrees that a “knowing failure” to comply with this legal obligation shall constitute either: (1) a rejection of a ride where Driver states the rejection was due to a Service Animal; or (2) there is more than one (1) instance in which a User or the companion of a User alleges that Driver cancelled or refused a ride on the basis of a Service Animal.
Driver acknowledges and agrees that Driver's provision of Transportation Services to Users creates a direct business relationship between Driver and the User. Company is not responsible or liable for the actions or inactions of a User in relation to Driver, Driver's activities or Driver's Vehicle. Driver shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from Driver's provision of Transportation Services. Driver acknowledges and agrees that Driver is solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws including motor vehicle financial responsibility laws) regarding any acts or omissions of a User or third party. Driver acknowledges and agrees that Company may release Driver's contact and/or insurance information to a User upon such User’s reasonable request. Driver acknowledges and agrees that, unless specifically consented to by a User, Driver may not transport or allow inside Driver's Vehicle individuals other than a User and any individuals authorized by such User, during the performance of Transportation Services for such User. Driver acknowledges and agrees that all Users should be transported directly to their specified destination, as directed by the applicable User, without unauthorized interruption or unauthorized stops.
Driver agrees that Company providing the Driver App and the carGO Technology creates a direct business relationship between Company and Driver. Company does not, and shall not be deemed to, direct or control Driver. Driver retains the sole right to determine when, where, and for how long Driver will utilize the Driver App or the carGO Technology. Driver retains the right to engage in any other occupation or business. Company retains the right to deactivate or otherwise restrict Driver from accessing or using the Driver App or the carGO Technology in the event of a violation or alleged violation of this Agreement.
Driver shall use Driver's Device in providing Transportation Services, as such: (i) Driver is responsible for the acquisition, cost and maintenance of Driver's Devices as well as any necessary wireless data plan; and (ii) Company shall make available the Driver App for installation on Driver's Device. Company hereby grants Driver a personal, non-exclusive, non-transferable license to install and use the Driver App on Driver's Device solely for the purpose of providing Transportation Services. Driver agrees to not provide, distribute or share, or enable the provision, distribution or sharing of, the Driver App (or any data associated therewith) with any third party. The foregoing license grant shall immediately terminate, and Driver will delete and fully remove the Driver App from the Driver-Provided Device in the event that Driver ceases to provide Transportation Services using Driver's Device. Driver agrees that: (i) use of the Driver App on Driver's Device requires an active data plan with a wireless carrier associated with Driver's Device, which data plan will be provided by Driver at Driver's own expense; and (ii) use of the Driver App on Driver's Device as an interface with the carGO Technology may consume very large amounts of data through the data plan. COMPANY ADVISES THAT DRIVER'S DEVICE ONLY BE USED UNDER A DATA PLAN WITH UNLIMITED OR VERY HIGH DATA USAGE LIMITS, AND COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN.
Driver acknowledges and agrees that Driver's geo-location information must be provided to the carGO Technology via a Device in order to provide Transportation Services. Driver acknowledges and agrees that: (a) Driver's geo-location information may be obtained by the carGO Technology while the Driver App is running; and (b) the approximate location of Driver's Vehicle will be displayed to the User before and during the provision of Transportation Services to such User. In addition, Company may monitor, track and share with third parties Driver’s geo-location information obtained by the Driver App and Device for safety and security purposes.
In the event that Driver receives a request for and agrees to provide Alcohol Beverage Transportation Services, Driver agrees to review and validate the User's identification confirming that such identification matches the name of the User's payment method for the Alcohol Beverage Transportation Services. Additionally, for each completed Alcohol Beverage Transportation Service, Driver with digitally record and image of the User's identification and submit such digital image to the Company. Driver acknowledges and agrees that such validation and digital recording is required each time Alcohol Beverage Transportation Services are provided regarding if such Alcohol Beverage Transportation Services are provided to the same User, repeatedly.
Driver acknowledges and agrees that at all times, Driver shall be at least 21 years of age and: (a) hold and maintain (i) a valid driver's license with the appropriate level of certification to operate Driver's Vehicle, and (ii) all licenses, permits, approvals and authority applicable to Driver that are necessary to provide passenger transportation services to third parties; (b) possess the appropriate and current level of training, expertise and experience to provide Transportation Services in a professional manner with due skill, care and diligence; and (c) maintain high standards of professionalism, service and courtesy. Driver shall be subject to certain background, drug and alcohol screenings and driving record checks at the time of application and from time to time during the Term in order to qualify to provide, and remain eligible to provide, Transportation Services. Driver acknowledges and agrees that Company reserves the right, at any time in Company’s sole discretion, to deactivate or otherwise restrict Driver from accessing or using the Driver App or the carGO Technology if Driver fails to meet any of the requirements of this Agreement. Driver agrees that before Driver is eligible to access the Driver App or the carGO Technology Driver must complete a face-to-face interview, submit to and pass, in the Company's sole discretion, background, drug and alcohol screenings and driving record checks, the Driver's Vehicle must meet the standards describe below and complete the Company's training program.
Driver acknowledges and agrees that Driver's Vehicle shall at all times be: (a) properly registered and licensed to operate as a passenger transportation vehicle in the state(s) where Driver provides Transportation Services; (b) owned or leased by Driver, or otherwise in Driver's lawful possession; (c) suitable for performing the passenger transportation services contemplated by this Agreement; and (d) maintained in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kind and any additional standards or requirements in the state(s) where Driver provides Transportation Services, and in a clean and sanitary condition. Driver acknowledges that Driver's Vehicle(s) are subject to inspection by and verification of the required conditions by Company.
To ensure Driver's compliance with all requirements in this Section, Driver must provide Company with written copies of all such licenses, permits, approvals, authority, registrations and certifications prior to Driver's provision of any Transportation Services. Thereafter, Driver must submit to Company written evidence of all such licenses, permits, approvals, authority, registrations and certifications as they are renewed. Company shall, upon request, be entitled to review such licenses, permits, approvals, authority, registrations and certifications from time to time, and Driver's failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement. Company reserves the right to independently verify Driver's documentation from time to time in any way Company deems appropriate in its reasonable discretion.
(a) Driver agrees to maintain on all Vehicles operated by Driver under this Agreement automobile liability insurance that provides protection against bodily injury and property damage to third parties at levels of coverage that satisfy the minimum requirements to operate a private passenger vehicle on the public roads within the state(s) where Driver provides Transportation Services. This coverage must also include any no-fault coverage required by law in the state(s) where Driver provides Transportation Services that may not be waived by an insured. Driver agrees to provide Company a copy of the insurance policy, policy declarations, proof of insurance identification card and proof of premium payment for the insurance policy required in this Section upon request. Furthermore, Driver must provide Company with written notice of cancellation of any insurance policy required by Company. Company shall have no right to control Driver's selection or maintenance of Driver's policy. Driver must be a named insured or individually rated driver, for which a premium is charged, on the insurance policy required in this Section at all times.
(b) Driver agrees to maintain during the term of this Agreement workers’ compensation insurance as required by all applicable laws in the state(s) where Driver provides Transportation Services. If permitted by applicable law, Driver may choose to insure Driver against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance. Furthermore, if permitted by applicable law, Driver may choose not to insure Driver against industrial injuries at all, but do so at Driver's own risk.
(c) Driver understands and acknowledges that Driver's personal automobile insurance policy may not afford liability, comprehensive, collision, medical payments, personal injury protection, uninsured motorist, underinsured motorist, or other coverage when Driver is providing Transportation Services.
This Agreement starts on the date accepted by Driver and continues until driver’s account is deactivated, or this agreement is terminated due to a material breach or other non-compliance that is determined at the sole discretion of company.
This Agreement may be terminated by either Company or Driver: (a) without cause upon 10-day's prior written notice; (b) immediately, without notice, for the other party’s material breach of this Agreement; or (c) immediately, without notice, in the event of the insolvency or bankruptcy of the other party. Company may terminate this Agreement or deactivate Driver's Login immediately, without notice, if Driver no longer qualifies, under applicable law or the standards and policies of Company, to provide Transportation Services or to operate the Vehicle.
Upon termination of the Agreement, Company will disable Driver's access to the Driver App and Driver shall immediately delete and fully remove the Driver App from any of Driver's Devices. Outstanding payment obligations and Sections 1.3, 4.8, 6, 7, 9, 11, 10.3, 3.3, 12, and 14 shall survive the termination of this Agreement.
Driver will charge for each instance of completed Transportation Services provided to a User through the carGO Technology (“User Fee”). The User Fee is equal to a base amount (which will include all applicable Company assessed fees) plus distance (and duration) (as determined by Company using location-based services enabled through the Driver's Device) (“User Fee Calculation”). Driver agrees that the User Fee is the only payment Driver will receive in connection with providing Transportation Services. No gratuity is included in the User Fee. Driver is also entitled to charge User for any tolls, fees, taxes or fees incurred when providing such User Transportation Services. On behalf of Driver, and not for itself, Company will collect the User Fee via the carGO Technology. As such Driver agrees that payment made by User to Company shall be considered the same as payment made directly by User to Driver. At least weekly, Company will pay Driver: (a) the User Fee less the applicable Administration Fee; (b) the tolls; and (c) applicable/collected taxes.
Company, in company's sole discretion, may change the User Fee Calculation at any time. Company will provide Driver with notice a change in the User Fee Calculation. Continued use of the carGO Technology after any change in the User Fee Calculation constitutes Driver's agreement to such change.
Company may: (i) adjust the User Fee for particular Transportation Services if Driver uses an inefficient route, Driver failed to properly and timely end the particular Transportation Services in the Driver App, technical error in the carGO Technology, etc.; or (ii) cancel the User Fee for Transportation Services if User is charged for Transportation Services that were not provided, in the event of a User complaint, fraud, etc. Company will use its reasonable effort in making any decision to reduce or cancel the User Fee.
For use of the Driver App and the carGO Technology, Driver agrees to pay Company a fee on a per Transportation Services transaction basis calculated as a percentage of the User Fee determined by the User Fee Calculation (less the applicable Company assessed fees included in the base amount) (“Administration Fee”). In the event regulations applicable to the state(s) where Driver provides Transpiration Services require taxes to be calculated on the User Fee, Company shall calculate the Administration Fee based on the User Fee net of such taxes. Company reserves the right to change the Administration Fee at any time in Company’s discretion based upon local market factors, and Company will provide Driver with notice in the event of such change. Continued use of the carGO Technology after any such change in the Administration Fee amount shall constitute Driver's consent to such change.
Users may elect to cancel requests for Transportation Services. In the event that a User cancels an accepted request for Transportation Services, Company may charge the User a cancellation fee on Driver's behalf. If charged, this cancellation fee shall be the User Fee for the cancelled Transportation Services.
Driver may elect to cancel requests for Transportation Services. If a Driver cancels an accepted request for Transportation Services, Company may charge the Driver a cancellation fee.
Upon completion of Transportation Services for a User, User may request that Company prepare and email to such User, on Driver's behalf, a receipt. Such receipts may also be provided to Driver through the carGO Technology. Any corrections to a receipt must be submitted to Company in writing within three (3) business days after the completion of such Transportation Services. Absent such a notice, Company shall not be liable for any mistakes in or corrections to the receipt or for recalculation or disbursement of the User Fee.
Driver is required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to Transportation Services provided by Driver; and (b) provide Company with all relevant tax information. Driver acknowledges and agrees that Driver is solely responsible for taxes on Driver's income arising from the performance of Transportation Services.
Company grants Driver a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of this Agreement, to use the carGO Technology (including the Driver App on Driver's Device) solely for the purpose of providing Transportation Services to Users and tracking resulting User Fees. All rights not expressly granted to Driver are reserved by Company.
Driver and Company acknowledge and agree that because they have entered into this Agreement such party may have access to or be exposed to, confidential information of the other party ("Confidential Information"). Confidential Information includes any non-public information of a party (whether disclosed in writing or verbally) that is designated as being confidential or which a reasonable person would treat as confidential, even if not designated.
Company and Driver acknowledge and agree that: (a) all Confidential Information remains the property of the disclosing party; (b) Confidential Information of the other party shall not be used for any purpose except in furtherance of this Agreement; (c) Confidential Information of the other party shall not be disclosed to any third party; and (d) all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party shall be return or destroy.
Subject to applicable law, Company may provide any information about Driver or any Transportation Services to any party for Company’s legitimate business needs. Such disclosure may be made if (but is not limited to such circumstance): there is a complaint, dispute, conflict or accident involving Driver; it is, in the sole discretion of Company, necessary to enforce the terms of this Agreement; it is required, in Company’s sole discretion, by applicable law or regulation; it is necessary, in Company’s sole discretion, to protect the safety, rights, property or security of Company, or the public; to detect, prevent or address fraud; to prevent any activity which Company, in their sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Driver agrees that Company may retain Driver's personal data for legal, regulatory, safety and other purposes after this Agreement is terminated.
Company may collect Driver's personal data through Driver's use of the carGO Technology, or from third parties. Company may use such data for such purposes consistent with Company’s legitimate business needs. Driver expressly consents to such use of personal data.
Company may, in Company's sole discretion, maintain insurance related to Driver providing Transportation Services. However, Driver acknowledges that Company is not required to provide Driver with any specific insurance coverage for any loss to Driver or Driver's Vehicle. Driver is required to promptly notify Company of any accidents or incidents that occur while providing Transportation Services and to cooperate with Company in its investigation of any such accident or incident.
Driver represents and warrants to Company that: (a) Driver has full power and authority to enter into and perform this Agreement; and (b) Driver will comply with all applicable laws in performance of this Agreement, including holding and complying with all permits, licenses, registrations and other governmental authorizations necessary to provide Transportation Services to third parties in the state(s) where Driver provides Transportation Services.
COMPANY PROVIDES, AND DRIVER ACCEPTS, THE carGO TECHNOLOGY AND DRIVER APP ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT DRIVER'S ACCESS TO OR USE OF THE carGO TECHNOLOGY OR DRIVER APP: (A) WILL BE UNINTERRUPTED OR ERROR FREE; OR (B) WILL RESULT IN ANY REQUESTS FOR TRANSPORTATION SERVICES. COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE USERS WHO MAY REQUEST TRANSPORTATION SERVICES. BY USING THE carGO TECHNOLOGY AND DRIVER APP, DRIVER ACKNOWLEDGE AND AGREE THAT DRIVER MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO DRIVER OR OTHER THIRD PARTIES. DRIVER IS ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE carGO TECHNOLOGY OR DRIVER APP.
COMPANY DOES NOT GUARANTEE THE AVAILABILITY OF THE carGO TECHNOLOGY OR DRIVER APP. DRIVER ACKNOWLEDGES AND AGREES THAT THE carGO TECHNOLOGY OR DRIVER APP MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON. FURTHER, THE carGO TECHNOLOGY OR DRIVER APP MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, and LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.
COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR EQUITY: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) DRIVER'S OR ANY THIRD PARTY’S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE OR PROFITS. EXCEPT FOR COMPANY’S OBLIGATIONS TO PAY AMOUNTS DUE TO DRIVER, BUT SUBJECT TO ANY LIMITATIONS OR OTHER PROVISIONS CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL THE LIABILITY OF COMPANY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF ADMINISTRATIVE FEES ACTUALLY PAID TO OR DUE TO COMPANY IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Driver shall indemnify, defend and hold harmless Company and Company's officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, and taxes arising out of or related to: (a) Driver's breach of Driver's representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including Users, regulators and governmental authorities) directly or indirectly related to Driver's provision of Transportation Services or use of the carGO Technology.
Except as provided in this Agreement, the relationship between the parties under this Agreement is solely that of independent contracting parties. The parties expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship, between Company and Driver; and (b) no joint venture, partnership, or agency relationship exists between Company and Driver. (c) Driver is free to engage in similar activities with other companies at their sole discretion. (d) Driver has sole discretion to choose his own schedule regarding when he would like to perform services for Company.
Driver has no authority to bind Company. Driver shall not to hold Driver out as an employee, agent or authorized representative of Company. Where, by implication of mandatory law or otherwise, Driver may be deemed an agent or representative of Company, Driver undertake and agree to indemnify, defend (at Company’s option) and hold Company harmless from and against any claims by any person or entity based on such implied agency or representative relationship.
Company reserves the right to modify this Agreement at any time, such modifications shall be binding on Driver only upon Driver's acceptance of the modified Agreement. Driver acknowledges and agrees that, by using the carGO Technology, or downloading, installing or using the Driver App, Driver is bound by any future amendments and additions to information. Continued use of the carGO Technology or Driver App after any such changes shall constitute Driver's consent to such changes.
If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
Neither party shall assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party; provided that Company may assign or transfer this Agreement or any or all of its rights or obligations under this Agreement from time to time without consent: (a) to of the licensor of the carGO Technology; or (b) to an acquirer of all or substantially all of Company’s business, equity or assets.
This Agreement constitutes the entire understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.” The recitals form a part of this Agreement.
Except as may apply to the licensor of the carGO Technology, there are no third-party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.
Any notice delivered under this Agreement will be delivered by email to the email address associated with Driver's account or by posting on the portal available to Driver on the carGO Technology.
(a) This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of Missouri (without giving effect to principles of conflicts of laws).
(b) Any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement may be brought or otherwise commenced in any state or federal court located in St. Louis, Missouri.
(c) Driver and Company expressly and irrevocably consent and submit to the jurisdiction of each state and federal court located in in St. Louis, Missouri (and each appellate court located in the State of Missouri), in connection with any such legal proceeding;
(d) Driver and Company agree that each state and federal court located in in St. Louis, Missouri, shall be deemed to be a convenient forum; and
(e) Driver and Company agree not to assert (by way of motion, as a defense or otherwise), in any such legal proceeding commenced in any state or federal court located in in St. Louis, Missouri, any claim that Driver is not subject personally to the jurisdiction of such court, that such legal proceeding has been brought in an inconvenient forum, that the venue of such proceeding is improper or that this Agreement or the subject matter of this Agreement may not be enforced in or by such court.
(f) Nothing contained in this Section 13.7 shall be deemed to limit or otherwise affect the right of Company to commence any legal proceeding or otherwise proceed against Driver in any other forum or jurisdiction.
As used in this Agreement, the following terms have these meanings:
“Administration Fee” has the meaning set forth in Section 4.4.
“carGO Technology” means the technology licensed by Company that enable persons (indulging Driver) to be connected with Users seeking Transportation Services.
“Company Data” means all data related to the access and use of the carGO Technology, including all data related to Users (including User Information), all data related to the provision of Transportation Services via the carGO Technology and the Driver App, and the Login.
“Driver App” means the mobile application provided by Company that enables Driver to access the carGO Technology for the purpose of seeking, receiving and fulfilling on-demand requests for transportation services by Users, as may be updated or modified from time to time.
“Driver's Device” means a mobile device owned or controlled by Driver: (a) that meets the then current Company specifications for mobile devices; and (b) on which the Driver App has been installed as authorized by Company solely for the purpose of providing Transportation Services.
“Login” means the identification and password key selected by Driver that enables Driver to use and access the Driver App.
“Transportation Services” means ground transportation services to Users via the carGO Technology, which may include the transport of persons or property.
“User” means a person seek Transportation Services through the carGO Technology.
“User Information” means information about a User made available to Driver in connection with such User’s request for and use of Transportation Services, which may include the User’s name, pick-up or order delivery location, contact information and photo.
“User Fee” has the meaning set forth in Section 4.1.
“Vehicle” means Driver's vehicle that: (a) meets the then-current Company requirements for a vehicle on the carGO Technology; and (b) Company authorizes for Driver's use for the purpose of providing Transportation Services.