Last Updated: April 2025  

These Terms of Use (the “Agreement”) constitute a legally binding agreement between you and Yur Drivers Network (collectively “Yur,” “we,” “us,” or “our”) governing your use of the Yur platform, website, technology, application (the “Yur App”), and/or facilities (collectively the “Yur Platform”).   

By entering into this Agreement and/or using or accessing the Yur Platform, you expressly acknowledge and agree to the Agreement and all the terms herein. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE YUR PLATFORM OR ANY OF YUR’S SERVICES. Continuing to use or access the Yur Platform constitutes your acceptance of this Agreement and the terms herein. If you violate this Agreement, Yur may suspend or permanently disable your access to the Yur Platform.  

PLEASE NOTE THAT THIS AGREEMENT CONTAINS PROVISIONS THAT IMPACT HOW CLAIMS CAN BE BROUGHT BETWEEN YOU AND YUR, IN ACCORDANCE WITH SECTION 18 BELOW. THOSE PROVISIONS REQUIRE YOU TO 

(1) SUBMIT CLAIMS YOU HAVE AGAINST YUR TO FINAL AND BINDING ARBITRATION;  

(2) REQUIRE YOU TO SUBMIT SUCH ARBITRATION CLAIMS SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR MEMBER OF ANY CLASS ACTION, AND (3) WAIVE YOUR RIGHT TO A TRIAL BY JURY.  

IF YOU ARE HAVING ANY TROUBLE ACCESSING THE SITE, PLEASE CONTACT US TOLL FREE AT [NUMBER], 24 HOURS A DAY, 7 DAYS A WEEK OR VIA OUR CONTACT US [email protected]. 

1. The Yur Platform  

Yur provides the Yur Platform that connects individuals and groups in need of transportation to available destinations (the “Riders”) with Yur’s rideshare drivers (“Drivers”) who can provide transportation to the selected available destination. Riders, Drivers, and anyone else using the Yur Platform (excluding anyone who is not authorized to use the Yur Platform) are collectively called the “Yur Users.” The services provided by Yur, whereby Riders are connected to Drivers, shall be called the “Yur Rideshare Services.”  

As a Yur User, you authorize Yur to connect you with Drivers or Riders based on a variety of factors, including your requested pickup location, your requested drop-off location, the approximate pickup and/or drop-off time, if applicable, along with any other considerations that Yur may take into account when providing the Yur Rideshare Services.

When you, as a Yur User, accept the Yur Rideshare Services, such acceptance is within your sole discretion. A separate agreement is formed between Riders and Drivers when any Rider accepts the Yur Rideshare Services offered by a Driver.  

Your use and/or continued use of the Yur Platform and any services provided by Yur (collectively, the “Yur Services”) may be subject to additional agreements between you and Yur (collectively, the “Addenda”). Please carefully review all Addenda. IF YOU DO NOT AGREE TO BE BOUND BY THE ADDENDA, YOU MAY NOT USE OR ACCESS THE YUR PLATFORM OR YUR SERVICES, INCLUDING THE YUR RIDESHARE SERVICES. In the event of any conflict between this Agreement and any Addenda, the terms of this Agreement shall control, unless expressly stated in any applicable Addendum.  

Use of the Yur Platform requires a compatible mobile device and requires Internet access. Your ability to use the Yur Platform may be affected by the performance of these items. You acknowledge and agree that compliance with all such system requirements, which may be changed from time to time, are your responsibility. Your mobile carrier’s standard charges, data rates and other fees may apply. You agree to always use the most recent version of the Yur Platform made available by us.

The Yur Services are provided from the United States of America and all servers that make it available reside in the U.S.A.  The laws of other countries may differ regarding the access and use of the Yur Platform.  We make no representations regarding the legality of the Yur Platform or Yur Services in any other country, and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.  

2. Modification to the Agreement  

Yur reserves the right to modify this Agreement and any Addenda at any time, and such modifications shall be binding upon you when you accept them, including by continuing to use the Yur Platform following such modification. Yur reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Yur Platform after any such changes shall constitute your acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).  

3. Applicability of Additional Terms  

Additional terms, such as those governing referral program rules, may apply.  

Apple App Store Terms. The following terms and conditions apply to you only if you acquired Yur App from Apple, Inc. (“Apple’s”) mobile applicable store (the “Apple App Store”). To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply. You acknowledge and agree that the Agreement is solely between you and Yur, not Apple, and that Apple has no responsibility for the Yur App or the content thereof. Your use of the Yur App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and/or support services with respect to the Yur App. In the event of any failure of the Yur App to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price, if any, paid by you for the Yur App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Yur App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement. You and Yuracknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Yur App or your possession and/or use of the Yur App, including, but not limited to: (i) product liability claims; (ii) any claim that the Yur App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Yur acknowledge that, in the event of any third party claim that the Yur App or your possession and use of that Yur App infringes that third party’s intellectual property rights, Yur, 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 this Agreement. You must comply with any applicable third-party terms of agreement when using the Yur App. You and Yur acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement as they relate to your license of the Yur App, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) as a third party beneficiary to enforce this Agreement against you.

Mobile Software from Google Play Store. If you acquire the Yur App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Terms of Service and the Google Play Business and Program Policies or such other terms that Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and the other terms and conditions in this Agreement, the Google Play Terms shall apply with respect to your use of the Yur App. Yurand you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Yur or you (or any other user) under this Agreement or the Google Play Terms.

4. Your Yur Account

Only individuals with the appropriate right and authority to enter into this Agreement and who are fully capable of meeting the terms, conditions, and obligations stipulated herein are permitted to use the Yur Platform. To access the Yur Platform, each Yur User must establish a Yur User account (each, a “Yur Account”), with each person limited to creating only one Yur Account. The Yur Platform is not accessible to Yur Users whose Your Accounts have been temporarily or permanently suspended or deactivated. You are prohibited from allowing others to use your Yur Account, and you acknowledge that you are the sole authorized user of your Yur Account. Use of your Yur Account on behalf of any third party is not allowed, except as expressly permitted by Yur. Yur Acounts may not be sold or purchased. You warrant that you will not engage in any such sale and did not obtain your Yur Account by purchasing a Your Account. Yur retains the right, in its sole discretion, to deactivate any additional or duplicate Your Accounts. Participation in specific Yur programs and utilization of certain Yur Services may be contingent upon meeting additional eligibility requirements as determined by Yur in Yur’s sole discretion. By signing up for a Yur Account and using the Services, you represent and warrant that you are at least 18 years of age.  

By registering for a Yur Account, you grant Yur the right to use your information and to provide it to third parties for the purposes of facilitating the completion of your transactions for the Services. In addition to all other rights available to Yur, Yur reserves the right, in its sole discretion, to verify your information prior to processing your order, limit order quantity, cancel any order, refuse service to you or terminate your Yur Account. You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your Yur Account, including any unauthorized use of your password or any other access codes. You must notify Yur immediately of any breach of security or unauthorized use of your Yur Account.

5. Revenue Sharing Platform  

As a User or Driver, you will benefit from our innovative, revenue-sharing platform. Our patented technology offers a unique opportunity for both drivers and passengers to increase their earnings. When you refer a new driver or passenger who signs up using your unique referral code, you will receive a 5% commission on every completed ride by your referrals (excluding taxes, tips, tolls, and other associated fees). This revenue-sharing model creates a win-win situation for all participants in our network. It incentivizes growth and rewards active engagement within our community. By leveraging this feature, users can potentially create a passive income stream while contributing to the expansion of our ride-sharing ecosystem.  

6. Restrictions   

When you use the Yur Platform, Yur Rideshare Services, or any other Yur Services, you expressly agree that you will not:

● Impersonate any person or entity.

● Stalk, threaten, or otherwise harass any person, or carry any weapons.

● Violate any law, statute, rule, permit, ordinance, or regulation.

● Interfere with or disrupt the Yur Platform or the servers or networks connected to the Yur Platform.

● Post or provide any information or interact with the Yur Platform, Yur Drivers, Yur Riders, or Yur Services, including the Yur Rideshare Services, in a manner that is fraudulent, defamatory, libelous, abusive, obscene, profane, sexual in nature, harassing, or illegal.● Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted through the Yur Platform.

● “Frame” or “mirror” any part of the Yur Platform without our prior written authorization or use meta tags or code or other devices containing any reference to us to direct any person to any other website for any purpose.

● Modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Yur Platform.

● Rent, lease, lend, sell, redistribute, license, or sublicense the Yur Platform or access to any portion of the Yur Platform.

● Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, copy, access, acquire information, generate impressions or clicks, input or store information, search, monitor any portion of the Yur Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Yur Platform or its contents.

● Link directly or indirectly to any other websites.

● Transfer, lend, or sell your Yur Account, password and/or identification, or any other Yur User’s Information to any other party.

● Use a false email address or other false identifying information, impersonate or misrepresent any person or entity, or your affiliation with any person or entity, or otherwise omit, misrepresent, or mislead as to the origin or source of any entity accessing the Yur Platform.

● Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation.    

● Violate the rules of any referral program or promotional program to which you participate.

● Commercialize the Yur Rideshare Services, Yur Platform, or other services provided by or through Yur without express permission and a written agreement with Yur.

● Misuse or abuse the Yur Rideshare Services or Yur Platform, as determined by Yur in its sole discretion.

● Circumvent or attempt to circumvent any measures implemented by Yur to prevent or address violations of this Agreement.

● Cause any third party to engage in the restricted activities above.  

7. Third Party Websites, Apps and Services.

Certain features in the Yur Platform may incorporate or contain links to or facilitate access to other websites, apps, content and services not operated by us, including the content and servicesof Google Maps and Waze. Your use of this content and services is subject to the terms and policies of the third parties that own and operate such content and services. By using our Yur Platform, you also agree to be bound by the Google Maps Platform Terms of Service (available at https://cloud.google.com/maps-platform/terms), Waze Terms of Use (available at www.waze.com/legal/tos), and any other terms of use governing websites, apps, content and services incorporated into the Yur Platform and operated by third parties. We encourage you to read the terms of use and privacy statements of each and every website, app or service that you visit both within and outside of the Yur Platform.  We are not responsible for the practices, content or services of such third parties even if it appears within and/or are accessible through the Yur Platform.

8. Community Guidelines  

Yur reserves the right to set Community Guidelines that will govern your use of the Yur Rideshare Services. In that event, the applicable Community Guidelines will be provided to you by Yur.  

9. Fees and Payments  

You acknowledge that Yur reserves the right to charge you fees, taxes, and/or surcharges for accessing the Yur Services, using the Yur Services to make Reservations, and for incidents related to transportation, delivery, or logistics services reserved or received through the Yur Services (collectively referred to as “Fees”). All Fees are non-refundable unless determined otherwise by Yur.

If you are a Rider, the Fees that Yur may charge you include:

● Service Fees and Reservation Fees: These Fees may be assessed if you request specific Yur Services or make a Reservation.

● Tips: You may use the Yur Services to tip your Driver, and any tips provided will go entirely to the Driver, not retained by Yur.

● Cancellation or No-Show Fees: If you cancel a Reservation or fail to be present at the designated time and place, Yur may charge you Fees for cancellations or no-shows. Repeated instances may result in the suspension or deactivation of your account at Yur’s discretion.

● Cleaning and Damage Fees: Yur may charge you Fees if a Driver’s vehicle’s interior or exterior is damaged or dirtied due to intentional, reckless, or negligent acts by you or your guest(s), such as aggressive door slamming, vomiting, or pet hair. Yur reserves the right to verify damages before processing such Fees.    

● Tolls, Surcharge, and Third-Party Fees: Yur may charge you Fees related to tolls, surcharges, airport fees, state or local fees, and event fees. Yur will also collect applicable taxes if required by law.  

Yur retains the right to establish, remove, consolidate, and revise prices, fees, taxes, and surcharges for services obtained through the Yur Services at any time.  

Depending on the Yur Services you use, you may need to select a payment method when creating a Yur Account. Yur does not directly collect or store full debit or credit card numbers; all payments are facilitated through third-party processors. Yur may replace its third-party payment processor without prior notice to you.  

For Drivers providing services to Riders:  

You, as a Driver, understand that you are an independent contractor and NOT an employee of Yur. Furthermore, you understand that you accept to perform the applicable transportation services and agree to accept the fare as outlined in the app before accepting any transportation service without any pressure or obligation. You can decline and not accept the service offered if you disagree with the fare for servicing the passenger or the destination where the passenger requested said service.   You further understand that as an independent contractor, you provide your service to Yur as a consultant, not an employee. For such service rendered to Yur, you will receive a 1099 IRS form for tax purposes and are solely responsible for paying your tax obligations. You further understand and agree that you are hereby entering this agreement voluntarily. You agree to provide Yur your tax verification credentials when requested and shall provide your social security number and/or tax ID number before receiving payments you are entitled to receive when rendering your service to Yur.   Your personal information shall be used for the sole purpose of completing payments and issuing a 1099 form.

10. Referral Programs and Promotions   

Yur may, in Yur’s sole discretion, offer you promotions or the opportunity to participate in referral programs. Your participation in such programs is subject to this Agreement and any additional terms that may apply.  

11. Advertisements

The Platform may include commercial information or advertisements, including links and recommendations for audio or visual content (“Ads”). The Ads may pop up or be displayed on the Platform from time to time. We may receive a small fee for your viewing or clicking on such Ads.  This notwithstanding, Yur cannot and does not guarantee the reliability or accuracy of third party Ads. Yur does not endorse the content of third party Ads, and the Ads to not constitute a recommendation to you. Yur will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Site.

12. No Ideas Accepted

Yur does not accept any unsolicited ideas from outside Yur, including, without limitation, suggestions about advertising, promotion or merchandising of our Services, additions to our Services, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Platform, you understand and acknowledge that such idea is not submitted in confidence and Yur assumes no obligation, expressed or implied, by considering it. You further understand that Yur shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Yur.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Yur an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

13. Promotions

From time to time, Yur may offer its customers discounts, coupons, or promotional codes that may be used on our Platform.  These discounts or promotions may be offered for only a limited time and subject to separate or additional rules and eligibility requirements.  It is your responsibility to determine whether you may validly participate.  Yur is not responsible for the validity of promotional offers found on sites not affiliated with our company.

14. Intellectual Property  

The Yur Platform and all related content are either owned by or licensed to Yur, making them protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other intellectual or proprietary rights and laws of the United States and other countries.

Yur Content

All elements within the Yur Platform, including designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, photos, interactive features, service marks, trade names, and other content and trademarks (collectively referred to as “Yur Content”), along with the compilation of any Yur Content, are the property of Yur or its licensors. They are subject to copyright, trademark, and other intellectual property rights in the United States and other countries. The term “content” in these Terms encompasses text, graphics, images, video, information, logos, button icons, software, audio files, computer code, or other materials. Without prior written permission from Yur, you agree not to copy, distribute, modify or make derivative works of any Yur Content in any manner.

Yur Marks   

Yur, including logos, designs, graphics, icons, scripts, service marks, and trade names used in the Yur Platform (collectively known as the “Yur Marks”), are the intellectual property of Yur or its licensors. Without prior written permission from Yur, you agree not to display, reference, or use the Yur Marks in any manner. If granted written permission, you may only use specific Yur Marks obtained directly from Yur for the permitted purpose.

User Content

You may have the ability to upload photographs, comments, reviews and other communications to the Yur Platform (“User Content”). By posting or submitting any User Content to the Yur Platform, you grant and represent and warrant that you have the right to grant, to Yur a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform the User Content throughout the world for any purpose including, without limitation, use in any promotion, advertising or media, whether now known or hereafter devised. Yur and its affiliates are free to use any ideas, concepts or know-how contained in the User Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. 

License to You 

Subject to your compliance with this Agreement, Yur grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Yur Platform solely as permitted herein to use the Yur Services available to you, subject to all terms and conditions, and in compliance with applicable laws. Any other use is strictly prohibited. Nothing in the Yur Platform or the Yur Content grants you a license or right to use any of these without the express written permission of Yur or the relevant third-party owner. Any rights not expressly granted herein are reserved by Yur and its licensors.  

The limited license is revocable at any time, with or without notice, and with or without cause.Unauthorized use of Yur Content or Yur Marks is prohibited and actionable by Yur. If Yur grants written permission to make copies of Yur Content, you must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Yur Content on any such copy.  

You acknowledge and agree that your use of the Yur Platform does not grant you any right, title, or interest in or to Yur Content or the Yur Marks.

Digital Millenium Copyright Act (“DMCA”) Notice. Materials may be made available via the Platform by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Yur Platform for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Yur Platform. If you believe any materials on the Yur Platform infringe a copyright, you should provide us with written notice that at a minimum contains:

All DMCA notices should be sent to our designated agent as follows:

YUR Drivers Network Inc. 

151 Suite 28

Rochelle Park, NJ 07662

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

15. Disclaimers   

Yur does not engage in the provision of transportation services, and it is not to be considered a transportation carrier. It does not operate as a common carrier or public carrier. The decision to offer a ride to a Rider contacted through the Yur Platform rests with the Driver, and the Rider is responsible for determining whether to accept a ride from any Driver connected through the Yur Platform. The completion of an arranged transportation service by a Driver or Rider is not guaranteed. Yur exercises no control over the quality or safety of the transportation resulting from the Yur Rideshare Services. Any safety-related initiatives, processes, policies, standards, or other measures implemented by Yur do not indicate an employment or agency relationship with any User.  

The Yur Platform is provided on an “as is” basis and without any warranty or condition, whether express, implied, or statutory. We make no guarantees and do not commit to specific results arising from the use of the Yur Platform, the Yur Rideshare Services, or any other Yur Services, including the ability to provide or receive Yur Rideshare Services at any particular location or time. Yur retains the right, for instance, to restrict or eliminate access to the Yur Platform for Yur Rideshare Services, and/or other Yur Services in specific geographic areas and/or at specific times based on, without limitation, considerations of commercial viability, public health, or changes in the law. To the fullest extent allowed by law, we explicitly disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. The foregoing disclaimer may not apply to you if you are in a state where the disclaimer of implied warranties is not permitted.  

Yur does not warrant that your use of the Yur Platform, Yur Rideshare Service, or other Yur Services will be complete, accurate, constantly available, error-free, that it will meet your requirements, or that defects will be corrected. Yur also does not warrant that the Yur Platform will be free of viruses or other harmful components. Yur disclaims liability for, and no warranty is provided concerning, the connectivity, availability, accuracy, completeness, and reliability of the Yur Platform, Yur Rideshare Service, or other Yur Services, including mapping, navigation, estimated arrival times, and routing services. Your conduct and its consequences while using the Yur Platform are your responsibility at all times.

Verification of the identity of each Rider or Driver is not guaranteed by us. It is advisable to exercise common sense when using the Yur Platform and Yur Rideshare Service. Additionally,there are inherent risks related to interactions with individuals who may be underage or acting under false pretenses. We bear no responsibility or liability for any content, communication, or use/access of the Yur Platform by individuals under the age of 18 in violation of this Agreement.We strongly encourage direct communication with each potential Driver or Rider before engaging in an arranged transportation service.  

Yur disclaims responsibility for the conduct, whether online or offline, of any Yur Users utilizing the Yur Platform, Yur Rideshare Service, or other Yur Services. Your interactions with other Yur Users are solely your responsibility. The procurement of insurance for personal belongings left in the car by Drivers or Riders is not facilitated by Yur, and we are not liable for such lost or damaged items. By engaging with the Yur Platform and participating in the Yur Rideshare Service, you acknowledge and accept these risks, agreeing that Yur is not accountable for the actions or omissions of Yur Users on the Yur Platform or involved in the Yur Rideshare Service or other Yur Services.  

The use of your Yur Account is your responsibility, and Yur expressly disclaims any liability arising from the unauthorized or wrongful use of your Yur Account.   

The location data furnished by the Yur Platform serves basic location purposes exclusively and is not intended for use or reliance in critical situations requiring precise location information. In scenarios where inaccurate or incomplete location data may result in death, personal injury, or damage to property or the environment, reliance on this data is discouraged. Yur and its service providers do not assure the availability, accuracy, completeness, reliability, or timeliness of the location data tracked or displayed on the Yur Platform. Information you upload, provide, or post on the Yur Platform, including geolocation data, may be accessible to Yur and certain Yur Users.  

 16. Limitation of Liability  

NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, PUNITIVE DAMAGES OR LOST PROFITS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YUR’S TOTAL LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT WILL BE LIMITED TO DIRECT DAMAGES EQUAL TO THE FEES PAID OR PAYABLE TO YUR WITH RESPECT TO THE PARTICULAR YUR SERVICESOUT OF WHICH THE CLAIM AROSE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH CLAIM.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

17. Indemnity  

Yur will indemnify, defend, and hold you harmless from all losses, damages, liabilities, actions, claims, settlements, costs or expenses, including reasonable attornes’ fees (the “Losses”) arising out of third party claims against you solely to the extent such claims are the result of a court order and to the extent such claims hold that the Yur Platform or Yur Services infringe upon or violate a third party’s intellectual property rights. If the Yur Platform or Yur Services are found to be infringing, or if Yur believes such Yur Platform or Yur Services may be subject to a claim of infringement, Yur may, in its sole discretion, choose to:(1) modify the applicable portion of the Yur Platform or Yur Services to render such portion non-infringing, (2) obtain a license for you to continue using the Yur Platform or Yur Services, or (3) terminate the Agreement and refund a pro-rata portion of any pre-paid fees you paid to Yur. Yur’s indemnity obligations shall not apply to the extent that the Losses arise from (a) to your use of the Yur Platform or Yur Services in violation of this Agreement, (b) data or content not provided by Yur, or (c) matters for which you are obligated to indemnify Yur. This section sets forth Yur’s sole liability and your sole remedy with respect to infringement or other violations of intellectual property rights.  

 You will indemnify, defend, and hold Yur harmless from all Losses arising out of any (a) any breach by you of this Agreement or (b) use by you of the Yur Platform, Yur Rideshare, or other Yur Services, as applicable (including your negligent or wrongful misconduct).

18. Dispute Resolution 

Any controversy or claim arising out of or relating to this Agreement (“Claims”) shall be resolved exclusively by binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. In arbitration, as with a court, the arbitrator must honor the terms of these Terms and Conditions and can award the prevailing party damages and other relief, and the parties have the right to be represented by counsel of their choice.  In arbitration, however, (i) there is no judge or jury (ii) the proceedings and outcome are generally subject to certain confidentiality rules, (iii) the discovery process is limited, and (iv) a court’s review of the arbitrator’s ruling is extremely limited.

The party filing arbitration must submit Claims to the American Arbitration Association (“AAA”) and follow its rules and procedures for initiating and pursuing arbitration. Any in-person hearing in the arbitration will be held in the same city as the U.S. District Court closest to your then-current residential address, or at some other place to which you and Company agree in writing. The arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current AAA Rules, and forms and instructions for initiating arbitration, by contacting the AAA at 800-778-7879, or by visiting the AAA’s website at www.adr.org.

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the AAA rules. The arbitration will follow the AAA’s then-current Consumer Arbitration Rules (the “AAA Rules”), unless those AAA Rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions govern.  The payment of all AAA and arbitrator fees and costs will be in accordance with the AAA Rules.  Subject to those AAA Rules, each party to the arbitration will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but the prevailing party in the arbitration may recover any or all costs or expenses from the other party if the arbitrator, applying applicable law and the AAA Rules, so determines. The arbitrator’s award is final and binding on the parties.

The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such court’s jurisdiction.

19. Class Action Waiver

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND YUR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, “PRIVATE ATTORNEY GENERAL” ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS. If, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to this Agreement holds that this class action waiver provision is unenforceable as to any Claim you have brought, then our agreement to arbitrate will not apply, and your Claim must be brought exclusively in court in New York County, New York.

ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THAT THE CLAIM AROSE.

20. Governing Law

Except as otherwise provided herein, this Agreement shall be governed by the laws of the State of New York without regard to choice of law principles. If any provision of this Agreement is found to be non-binding or invalid, the other provisions shall remain in full force and effect and shall continue to bind the parties to this Agreement. In such event, the parties shall replace the relevant provision with provisions that are valid, binding, and that have, to the fullest possible extent, a similar effect as the provision found to be invalid or nonbinding.

21. Miscellaneous

If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions of this Agreement shall remain fully enforceable.

You may not assign this Agreement without Yur’s express prior written permission, and any attempt to assign this Agreement without such permission shall be null and void. You agree that this Agreement, including any applicable Addenda, may be assigned or delegated by Yur in Yur’s sole discretion, by providing notice to you within a reasonable time following such delegation or assignment.  

Yur’s failure to act with respect to your breach does not constitute a waiver of Yur’s rights or remedies. This Agreement, along with any applicable Addenda, sets forth the entire agreement and understanding between you and Yur, and supersedes any and all previous oral or written understandings and agreements between the parties.