Please read these Terms of Service ("Terms", "Terms of Service") carefully before using MVN 2’s platform (the "Service") operated by MVN 2, LLC. ("us", "we", or "our").
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MVN 2. In these Terms, the words "including" and "include" mean "including, but not limited to."
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. These Terms expressly supersede prior agreements or arrangements with you. MVN 2 may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH MVN 2 ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
MVN 2 may amend the Terms from time to time. Amendments will be effective upon MVN 2's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If MVN 2 changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing MVN 2 written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or (b) by email from the email address associated with your Account to: firstname.lastname@example.org. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
Our Platform provides a space where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to Our Platform. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through Our Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
Our Platform may only be used by individuals who can form legally binding contracts under applicable law. Our Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
As a Rider, you agree to pay the amounts charged for your use of Our Platform and Services (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes, plus any tips to the Driver that you elect to pay. MVN 2, LLC. has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms. You are responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fares. There are two types of fares, variable and quoted.
- Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.
- Quoted Fares. In some cases MVN 2, LLC. may quote you a Fare at the time of your request. The quote is subject to change until the Ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse Our Platform, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. MVN 2, LLC. does not guarantee that the quoted fare price will be equal to a variable fare for the same ride.
- Prime Time. Fares may be subject to a multiplier at times of high demand of the Services (“Prime Time”) as determined by MVN 2, LLC. For all rides with a variable fare, we will use reasonable efforts to inform you of any Prime Time multipliers in effect at the time of your request. For quoted fares we may factor in the Prime Time multiplier into the quoted price of the ride. Any Prime Time charges shall be considered part of the Fare.
Fees and Other Charges
- Service Fee. MVN 2, LLC. may assess a per-ride “Service Fee” to support Our Platform and related services provided to you by MVN 2, LLC. The amount of the Service Fee may vary but shall be retained by MVN 2, LLC. in its entirety.
- Cancellation Fee. After requesting a ride you may cancel it through the app or website, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride.
- Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $300 depending on the extent of the damage (as determined by MVN 2, LLC. in its sole discretion), towards vehicle repair or cleaning. MVN 2, LLC. reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
- Tolls. In some instances, tolls (or return tolls) may apply to your ride. We do not guarantee that the amount charged by MVN 2, LLC. will match the toll charged to the Driver, if any. The amount of collected tolls (and return tolls) will be passed in their entirety to the Driver who provided your ride.
- Other Charges. Other fee and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, event fees as determined by MVN 2, LLC., and processing fees for split payments. In addition, where required by law MVN 2LLC. will collect applicable taxes. These other charges are not shared with your Driver unless expressly stated otherwise. See our website for list of other charges that may apply to your ride.
- Tips. Following a ride, you may elect to tip your Driver in cash or through our application. Any tips will be provided entirely to the applicable Driver.
- Facilitation of Charges. All Charges are facilitated through a third-party payment processing service. MVN 2, LLC. may replace its third-party payment processing services without notice to you. Charges shall only be made through Our Platform. With the exception of tips, cash payments are strictly prohibited.
- No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of Our Platform, any disruption to Our Platform or Services, or any other reason whatsoever.
- Credits and Ride Discounts. You may receive credits or Ride discounts that you can apply toward payment of certain Charges upon completion of a Ride. Credits and Ride discounts are only valid for use on Our Platform, and are not transferable or redeemable for cash except as required by law. Credits and Ride discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Ride. Ride discounts only apply to the Fare, not the Service Fee or other charges. If you split payment for a Ride with another User, your Credits or Ride discount will only apply to your portion of the Charges. Additional restrictions on Credits and Ride discounts may apply.
- Credit Card Authorization. Upon addition of a new payment method or each ride request, MVN 2, LLC. may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
If you are a Driver, you will receive payment for your provision of Services. All Fare payments are subject to a Commission (see below). You will also receive any tips provided by Riders to you, and tips will not be subject to any Commission. All payments due to you will be processed through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.
- Commission. In exchange for permitting you to offer your Services through Our Platform and marketplace as a Driver, you agree to pay MVN 2, LLC. (and permit MVN 2, LLC. to retain) a fee based on each transaction in which you provide Services (the “Commission”). The amount of the applicable Commission will be communicated to you in a Commission schedule through the Driver portal. We reserve the right to change the Commission at any time in our discretion based upon local market factors. We will provide you with notice in the event of such change. Continued use of Our Platform after any such change in the Commission calculation shall constitute your consent to such change.
- Pricing. You expressly authorize MVN 2, LLC. to set the prices on your behalf for all Charges that apply to the provision of Services. We reserve the right to change the Fare schedule at any time in our discretion based upon local market factors, and we will provide you with notice in the event of changes to the base fare, per mile, and/or per minute amounts that would result in a change in the applicable Fares. Charges may be subject to maximum limits.
- Fare Adjustment. We reserve the right to adjust or withhold all or a portion of Fares if we believe that (i) you have attempted to defraud or abuse MVN 2, LLC. or our payment systems, (ii) in order to resolve a Rider complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Services in our application when the ride was over). Our decision to adjust or withhold the Fare in any way shall be exercised in a reasonable manner.
By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us, our affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of Our Platform or Services, updates concerning new and existing features on Our Platform, communications concerning promotions run by us or our third- party partners, and news concerning MVN 2, LLC. and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. MVN 2 does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
All intellectual property rights in Our Platform shall be owned by MVN 2, LLC. absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in Our Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of MVN 2, LLC. MVN 2, LLC. shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Unauthorized use of MVN 2’s trademark or intellectual property or otherwise violating the drivers’ agreement with MVN 2; and soliciting payment of fares outside the MVN 2 system are not allowed.
We respect the intellectual property of others and expect Users to do the same. If you believe, in good faith, that any materials on Our Platform or Services infringe upon your copyrights, please contact us to make a copyright complaint.
Conduct & Restricted Activities
With respect to your use of Our Platform and your participation in the Services, you agree that you will not:
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Services or Our Platform or the servers or networks connected to Our Platform;
- post Information or interact on Our Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- use Our Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through Our Platform;
- “frame” or “mirror” any part of Our Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of Our Platform or any software used on or for Our Platform;
- rent, lease, lend, sell, redistribute, license or sublicense Our Platform or access to any portion of Our Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of Our Platform or its contents; link directly or indirectly to any other web sites; conducted activities outside of MVN 2’s system;
- be allowed to accept anonymous pickups and/or illegal street hails while using MVN s’s system;
- transfer or sell your User account, password and/or identification to any other party;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or cause any third party to engage in the restricted activities above;
Driver Representations, Warranties and Agreements
By providing Services as a Driver on Our Platform, you represent, warrant, and agree that:
- You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
- You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of our community or third parties.
- You will only provide Services using the vehicle that has been reported to, and approved by MVN 2, LLC., and for which a photograph has been provided to MVN 2, LLC., and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
- You will not make any misrepresentation regarding MVN 2, LLC., Our Platform, the Services or your status as a Driver.
- You will not, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
- You will not attempt to defraud MVN 2, LLC. or Riders on Our Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question.
- You will make reasonable accommodations for Riders and/or for service animals, as required by law.
- You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement. You agree to a department of transportation (dot) drug screen. You also agree to live scan.
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
The following disclaimers are made on behalf of MVN 2, LLC. and each of our respective officers, directors, employees, agents, and shareholders.
MVN 2, LLC. does not provide transportation services, and MVN 2, LLC. is not a transportation carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through Our Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through Our Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
Our Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of Our Platform and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of Our Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in Our Platform will be corrected, or that Our Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of Our Platform or Services.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using Our Platform and Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of Our Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
We are not responsible for the conduct, whether online or offline, of any User of Our Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using Our Platform and participating in the Services, you agree to accept such risks and agree that MVN 2, LLC. is not responsible for the acts or omissions of Users on Our Platform or participating in the Services.
MVN 2, LLC. expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through Our Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on Our Platform or through the Services. Please carefully select the type of information that you post on Our Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning MVN 2, LLC. or made available through Our Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on Our Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on Our Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by Our Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither MVN 2, LLC., nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by Our Platform. Any of your Information, including geolocational data, you upload, provide, or post on Our Platform may be accessible to us and certain Users of Our Platform.
MVN 2, LLC. advises you to use Our Platform with a data plan with unlimited or very high data usage limits, and MVN 2, LLC. shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access Our Platform.
You will defend, indemnify, and hold MVN 2, LLC. including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of Our Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through Our Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
In no event will MVN 2, LLC., including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by Our Platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with Our Platform, the Services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. Our Platform may be used by you to request and schedule transportation or other service with third party providers, but you agree that MVN 2, LLC. has no responsibility or liability to you related to any transportation or other services provided to you by third party providers other than as expressly set forth in the terms. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against MVN 2 on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against MVN 2, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against MVN 2 by someone else.
Agreement to Binding Arbitration Between You and MVN 2.
You and MVN 2 agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and MVN 2, and not in a court of law.
You acknowledge and agree that you and MVN 2 are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and MVN 2 otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and MVN 2 each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure
Unless you and MVN 2 otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and MVN 2 submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. MVN 2 will not seek, and hereby waives all rights MVN 2 may have under applicable law to recover, attorneys' fees and expenses if MVN 2 prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, MVN 2 will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if MVN 2 changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing MVN 2 written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or (b) by email from the email address associated with your Account to: email@example.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and MVN 2 in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
MVN 2 may give notice by means of a general notice on the Services, electronic mail to your email address in 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 12 hours after sending (if sent by email or telephone). You may give notice to MVN 2, with such notice deemed given when received by MVN 2, at any time by first class mail.
You may not assign these Terms without MVN 2's prior written approval. MVN 2 may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of MVN 2's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, MVN 2 or any Third Party Provider as a result of this Agreement 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. MVN 2'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 MVN 2 in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
This privacy notice discloses the privacy practices for www.mvn2.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:
- What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
MVN 2, LLC. Is the sole owner of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.
The following is information you provide to us:
Registration Information. When you sign up for an account, you give us your name, email address, and phone number.
User Profile Information. Filling out a profile is optional, and you can share as little or as much as you want. Your name (and for Drivers, Profile photos) is always part of your Profile.
Payment Method. When you add a credit card or payment method to your account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.
Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.
Driver Application Information. If you decide to drive, in addition to the basic registration information we ask you for your date of birth, physical address, Social Security number, driver’s license information, vehicle information, car insurance information, and in some jurisdictions we may collect additional business license or permitting information. We share this information with our partners who help us by running background checks on Drivers to help protect the community.
Payment Information. To make sure drivers get paid, we keep information about drivers’ bank routing numbers, tax information, and any other payment information provided by drivers.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
Information that is collected when you use our website and mobile app
Location Information. MVN 2, LLC. Connects Drivers and Riders. To do this, we need to know where you are. When you access our website and open our app on your mobile device, we receive your location. We may also collect the precise location of your device when the app is running in the foreground or background. If you label certain locations, such as “home” and “work,” we receive that information, too.
Your location information is necessary for things like matching Riders with nearby Drivers, determining drop off and pick up locations, and suggesting destinations based on previous trips. Also, if the need ever arises, our team may use and share location information to help protect the safety of users or a member of the public. In addition to the reasons described above, drivers’ location information and distance travelled is necessary for calculating charges and insurance for rides.
Call and Text Information. We may work with a third party partner to facilitate phone calls and text messages between riders and drivers who have been connected for a ride. We receive information about these communications including the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages. For security purposes, we may also monitor and/or record the contents of phone calls made on the platform, such as those between riders and drivers. You will be given notice that your call may be recorded, and by proceeding you agree to allow MVN 2, LLC. to monitor and/or record your call.
User Feedback. At MVN 2, LLC., we want to make sure users are always enjoying great rides. riders and drivers may rate and review each other at the end of every ride. We receive information about ratings and reviews and, as we explain below, give riders information about drivers’ ratings and reviews and vice versa.
Information from Cookies and Similar Technologies. We collect information through the use of “cookies”, tracking pixels, and similar technologies to understand how you navigate through our platform and interact with advertisements, to learn what content is popular, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use our platform. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of our platform.
How collected information is used
The information collected from all users is used to:
- Connect riders with drivers;
- Provide, improve, expand, and promote our platform;
- Analyze how our platform is used;
- Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;
- Send you text messages and push notifications;
- Send you emails;
- Facilitate transactions and payments;
- Provide you with customer support;
- Find and prevent fraud; and
- Respond to trust and safety issues that may arise, including auto incidents, disputes between riders and drivers, and requests from government authorities.
Additionally, we use the information we collect from drivers for the following purposes related to driving using our platform:
- Sending emails and text messages to drivers who have started the driver application process regarding the status of their application;
- Determining a driver’s eligibility to drive for MVN 2, LLC.;
- Notifying drivers about ride demand, pricing and service updates; and
- Calculating and providing our auto insurance policy and analyzing usage patterns for safety and insurance purposes.
Sharing between riders and drivers. Riders and drivers that have been matched for a ride are able to see basic information about each other, such as names, photo, ratings, and any information they have added to their profiles. Drivers see the pick-up location that the rider has provided. Riders see a driver’s vehicle information. Riders’ ratings of drivers are shared with drivers. We de-identify the ratings and feedback, but we can’t rule out that a driver may be able to identify the rider that provided the rating or feedback.
Although we help riders and drivers communicate with one another to arrange a pickup, we do not share your actual phone number or other contact information with other users. If you report a lost or found item to us, we will seek to connect you with the relevant rider or driver, including sharing actual contact information with your permission.
Service Providers. We work with third party service providers to perform services on our behalf, and we may share your information with such service providers to help us provide our platform, including all of the things described above, under “Information collected from all users”.
We may share your information with third parties in the following cases:
- While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets;
- If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process;
- With law enforcement officials, government authorities, or third parties if we think doing so is necessary to protect the rights, property, or safety of the community, MVN 2, LLC., or the public;
- To comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures.
- If you signed up for a promotion with another user’s referral or promotion code, with your referrer to let them know about your redemption of or qualification for the promotion;
- With our insurance partners to help determine and provide relevant coverage in the event of an incident;
- To provide information about the use of our platform to potential business partners in aggregated or de-identified form that can’t reasonably be used to identify you; and
- Whenever you consent to the sharing.
Email Subscriptions. You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your account use of our platform.
Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our platform (such as receiving a notification that your ride has arrived).
Profile Information. While your name will always be shared with drivers, you can delete any additional information that you added to your profile at any time if you don’t want drivers to see it. Riders will always be able to see drivers’ names, rating, profile photos, and vehicle information.
Location Information. While you can prevent your device from sharing location information at any time through your Device’s operating system settings, Rider and Driver location is core to our platform and without it we can’t provide our services to you.
Editing and Accessing Your Information. You can review and edit certain account information by logging in to your account and profile. If would like to terminate your account, please contact us with your request. If you choose to terminate your account, we will deactivate it for you but may retain information from your account for a certain period of time and disclose it in a manner consistent with our practices under this policy for accounts that are not closed. We also may retain information from your account to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of our platform, assist with any investigations, prevent fraud, enforce our Terms of Service, or take other actions as required or permitted by law.
Data Security. We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
We are committed to protecting the data of our users. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.
Children’s Privacy. MVN 2, LLC. is not directed to children, and we don’t knowingly collect personal information from children under 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 13 has given us personal information, please contact us.
Registration In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the services on our site in which you have expressed interest.
Policies and Procedures