Last modified: 12/12/2025

CurbGenie U.S. Terms of Use

These Terms of Service ("Terms of Service") constitute a legally binding agreement between you and CurbGenie, Inc. and its subsidiaries, representatives, affiliates, officers and directors (collectively, "CurbGenie") governing your use of CurbGenie's digital platform ("CurbGenie Platform") and any services, including but not limited to mobile and/or web-based applications ("Applications" or the "CurbGenie App," and together with the CurbGenie Platform, the "Services").

Notwithstanding the foregoing, if you choose, now or in the future, to provide vehicle Relocation Services these Terms of Service do not supersede or otherwise impact the enforceability of any agreements you may have with CurbGenie or its subsidiaries regarding such Third-Party Services (e.g., the Platform Access Agreement, and/or any similar agreements). To the extent (but only to the extent) any agreement you may have with CurbGenie regarding Third-Party Services you provide conflicts with these Terms of Service, those agreements (and not these Terms of Service) will prevail with respect to any disputes arising from your provision of Third-Party Services; otherwise, any relevant provisions in these Terms of Service apply.

1. Contractual Relationship; Termination; and Modification

In addition to these Terms of Service, your access to, and use of the Services is also governed by the applicable terms found on our website. These include but are not limited to: the Privacy Notice, which describes how we collect, use, and disclose your personal information; the User Generated Content Terms; Community Guidelines; Referral Policies; and CurbGenie's other applicable standards and policies which we refer to collectively as the "Supplemental Terms."

Collectively, we refer to these Terms of Service and the Supplemental Terms as the "Terms." These Terms govern your access or use, from within the United States and its territories and possessions, of the Services made available in the United States and its territories and possessions (the "Territory"). If you use the Services in another country, you agree to be subject to CurbGenie's terms of service for that country. In these Terms, the words "including" and "include" mean "including, but not limited to."

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.

1.1 Termination

CurbGenie, in its sole discretion, 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.

1.2 Modification

CurbGenie reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms through the Services or CurbGenie's website. You should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes.

2. Arbitration Agreement

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

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

(a) Agreement to Binding Arbitration Between You and CurbGenie

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

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

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

(3) Mass Actions:

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

b. Dispute Procedure: Notwithstanding any provision to the contrary in the applicable arbitration provider's rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Each party shall select one arbitrator from the arbitration provider's roster to serve as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the parties' arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator; (ii) CurbGenie shall pay any administrative fees or costs incidental to the appointment of Arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators' resolution of the parties' dispute. If the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver, the parties shall have the opportunity to opt out of arbitration within 30 days of the arbitrator's or panel of arbitrator's decision. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to CurbGenie, Inc., Attn: Legal Department, 1725 3rd Street, San Francisco, CA 94158 via USPS Priority Mail or hand delivery. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. CurbGenie may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. For the avoidance of doubt, the ability to opt out of arbitration described in this Section 2(a)(3)(b) only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree that arbitrations will be batched as provided in Section 2(a)(3)(c) below.

c. Batching:

i. To increase efficiency of resolution in the event a Mass Action is filed and neither party exercises its right to opt out of arbitration pursuant to Section 2(a)(3)(b) above, the following procedure shall apply. At the request of either party, an arbitrator shall be selected according to the applicable arbitration provider's rules to act as a special master ("Special Master") to resolve threshold disputes regarding the propriety of some or all the arbitration demands submitted in the Mass Action ("Mass Arbitration Demands"). These threshold disputes may include, but are not limited to:

1. Any dispute regarding filing fees owed with respect to the Mass Arbitration Demands, including whether claimants have submitted valid fee waivers;
2. Any dispute regarding whether the applicable arbitration provider has complied with the Arbitration Agreement with respect to processing and administering the Mass Arbitration Demands;
3. Any dispute regarding whether the Mass Arbitration Demands meet the requirements set forth in Section 2(d) below;
4. Whether claimants are barred from proceeding with their claims based on a prior settlement agreement, violation of these Terms, or expiration of the statute of limitations;
5. Any dispute relating to representation of the same claimant by multiple law firms;
6. Any dispute regarding whether the Mass Arbitration Demands were filed with the correct arbitration provider;
7. Any dispute regarding discovery common to all claims; and
8. Any disputes regarding legal or factual issues common to all claims.

Any such request shall be made within 15 days following the expiration of the opt-out period described in Section 2(a)(3)(b), and may be made by providing written notice to the arbitration provider. Upon the request of either party to appoint a Special Master to resolve the foregoing issues, the applicable arbitration provider shall refrain from further processing any of the Mass Arbitration Demands to which a dispute has been raised. No further payment for filing fees, administrative costs, or arbitrator fees shall be deemed due with respect to any of the Mass Arbitration Demands as to which a dispute has been raised until after the dispute(s) has/have been resolved by the Special Master. CurbGenie shall be responsible for the applicable arbitration provider's and Special Master's fees and costs related to the proceedings before the Special Master.

A Special Master appointed pursuant to this procedure shall have no authority to consolidate cases.

ii. After proceedings before the Special Master have concluded, to the extent any of the Mass Arbitration Demands are permitted to proceed, the parties shall group the Mass Arbitration Demands into batches of no more than 100 demands per batch by state of residence, and then alphabetically by last name (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands), and shall inform the arbitration provider of the batches and their compositions within 14 days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and administrative and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration. You agree to cooperate in good faith with CurbGenie and the arbitration provider to implement such a batch approach to resolution and fees. Nothing in this provision shall be construed as limiting the right to object that the filing or presentation of multiple arbitration demands by or with the assistance of the same law firm or organization violates any term of this Agreement.

iii. If any Mass Arbitration Demands were originally processed as individual arbitration demands before this batching procedure was commenced, further proceedings, including the assessment of further arbitration filing or administration fees to either party shall be governed by the procedures set forth in this Section 2(a)(3).

(4) Delegation Clause: Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including without limitation any claim that all or any part of this Arbitration Agreement is void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues, including issues relating to whether these Terms are applicable, unconscionable, or illusory and any defense to arbitration, including without limitation waiver, delay, laches, or estoppel. However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive authority to resolve any and all disputes arising out of or relating to the Class Action Waiver and Mass Action Waiver, including, but not limited to, any claim that all or part of the Class Action Waiver and/or Mass Action Waiver is unenforceable, unconscionable, illegal, void, or voidable—except that, as stated and pursuant to the procedures provided in Section 2(a)(3)(b), an arbitrator or panel of arbitrators shall have authority to determine whether the party bringing any claim has violated the Mass Action Waiver.

(5) Application to Third Parties: This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouse, domestic partner, heirs, estate, third-party beneficiaries and assigns, where their underlying claims arise out of or relate to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.

(b) Exceptions to Arbitration

Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services; and/or (iii) 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.

Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only. On an individual basis means that you cannot bring such claims as a class, collective, coordinated, consolidated, mass, and/or representative action against CurbGenie. For the avoidance of doubt, this precludes you from bringing claims as or participating in any kind of any class, collective, coordinated, consolidated, mass, and/or representative or other kind of group, multi-plaintiff, or joint action against CurbGenie and no action brought by you may be consolidated or joined in any fashion with any other proceeding. Where your claims are brought and litigated to completion on such an individual basis in a court of competent jurisdiction, CurbGenie agrees to honor your election.

The parties' agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided for in Section 2(a), which will continue to apply in court as well as in arbitration), or the enforceability of this Arbitration Agreement as to any other controversy, claim, or dispute.

(c) Rules and Governing Law

For disputes arising in California, the arbitration will be administered by ADR Services, Inc. ("ADR") in accordance with ADR's Arbitration Rules (the "ADR Rules") in effect at the time that the claim is brought, unless the parties agree otherwise in writing. The ADR Rules are available at www.adrservices.com or by searching for "ADR Arbitration Rules" using a search engine such as www.google.com. The arbitration shall be heard by one arbitrator (the "Arbitrator") selected in accordance with the ADR Rules.

For disputes arising outside of California (or for disputes arising in California only if ADR cannot or will not administer the arbitration), the parties shall be required to meet and confer to select a neutral arbitration provider. Such an arbitration provider shall have operations in the state in which the dispute arises. If the parties are unable to mutually agree upon an arbitration provider, then either party may invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction appoint an arbitration provider with operations in the state in which the dispute arises. Any arbitration provider appointed by a court under 9 U.S.C. § 5 shall conduct arbitration solely on an individualized basis as set forth in this Section 2. Once the parties mutually agree upon a neutral arbitration provider, or an arbitrator provider is appointed under 9 U.S.C. § 5, the ensuing arbitration shall commence pursuant to the rules of the designated arbitration provider, except as designated herein. Once an arbitration provider is agreed upon or appointed, an Arbitrator shall be appointed. The Arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted with experience in the law underlying the dispute. The Arbitrator will be selected by the parties from the applicable arbitration provider's roster of arbitrators. If the parties are unable to agree upon an Arbitrator after a good faith meet and confer effort, then the applicable arbitration provider will appoint the Arbitrator in accordance with its rules.

Notwithstanding any choice of law or other provision in these 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 to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and the applicable arbitration provider's rules shall preempt all state laws to the fullest extent permitted by law. All statutes of limitations that would otherwise be applicable will apply to any arbitration proceeding. If the FAA and applicable arbitration provider's rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws of the state where you reside when you accept these Terms.

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

(d) Process

Pre-Arbitration Dispute Resolution and Notification. The parties agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify CurbGenie that you intend to initiate an informal dispute resolution conference, write to CurbGenie, Inc., Attn: Legal Department, 1725 3rd Street, San Francisco, CA 94158, providing your name, the telephone number(s) associated with your CurbGenie account (if any), the email address(es) associated with your CurbGenie account, and a description of your claim. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

Initiating Arbitration. In order to initiate arbitration following the conclusion of the informal dispute resolution process required by this Section, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider, as determined by Section 2(c). A party initiating an arbitration against CurbGenie must send the written demand for arbitration to CurbGenie, Inc., LLC, Attn: Legal Department, 1725 3rd Street, San Francisco, CA 94158, or serve the Demand on CurbGenie's registered agent for service of process, c/o CurbGenie, Inc. (the name and current contact information for the registered agent in each state are available online here). Additionally, a party initiating arbitration against CurbGenie must send an electronic version of the demand for arbitration to the Arbitration Provider, and must send an electronic version of the as-filed demand to filed-arbitration-demands@CurbGenie.com.

By signing the demand for arbitration, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party's violation of this requirement.

(e) Location

Unless you and CurbGenie otherwise agree, if you reside in the United States, the arbitration will be conducted in the county where you reside. If you do not reside in the United States, the arbitration will be conducted in the county where the dispute arises. Your right to a hearing will be determined by the applicable arbitration provider's rules. Subject to the applicable arbitration provider's 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.

(f) Offers of Judgment

At least 10 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party's costs from the time of the offer.

(g) Arbitrator's Decision

The Arbitrator will render an award within the time frame specified in the applicable arbitration provider's rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. 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.

The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator's decision shall be binding only upon the parties to the arbitration that are the subject of the decision.

The Arbitrator shall award reasonable costs incurred in the arbitration to the prevailing party in accordance with the law(s) of the state in which arbitration is held.

(h) Fees

With the exception of the provisions governing payment of arbitration costs set forth above, your responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in the applicable arbitration provider's rules and shall be up to the amount you would be required to pay if you filed a claim in court.

If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. If you believe that you meet the requirements to obtain a fee waiver, and your demand for arbitration arises outside of California, then you may request a fee waiver only by submitting to the arbitration provider AO 240, Application to Proceed in District Court Without Prepaying Fees or Costs, or a declaration under oath containing all the information required by AO 240; if your demand for arbitration arises in California, then you must submit a declaration under oath providing your monthly income and the number of persons in your household.

Any and all disputes regarding a party's obligation to pay any arbitration fees or costs that arise after an arbitrator is appointed shall be determined solely by the arbitrator. If such a dispute arises before an arbitrator has been appointed, and if no Special Master has been requested by either party pursuant to Section 2(a)(3)(c)(i) of these Terms, the parties agree that (i) the due date for any disputed fees shall be stayed pending resolution of the parties' dispute, (ii) a panel of three arbitrators shall be appointed to resolve the parties' dispute concerning a party's obligation to pay fees or costs of arbitration, (iii) the panel of arbitrators shall be appointed by each party selecting one arbitrator from the arbitration provider's roster to serve as neutral arbitrators, and these arbitrators shall appoint a third neutral arbitrator. If the parties' arbitrators cannot agree on a third arbitrator, the arbitration administrator will select the third arbitrator, (iv) CurbGenie shall pay any administrative fees or costs incidental to the appointment of a panel of arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrator(s), as well as room rental, and (v) the arbitrator(s) shall issue a written decision with findings of fact and conclusions of law. If two or more fee disputes between a claimant and CurbGenie arise at or around the same time, the disputes may be consolidated for resolution by a single arbitrator or panel of arbitrators either at the agreement of the parties or the election of the party common to all such disputes.

(i) Severability and Survival

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) 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 (iii) 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.

3. The Services

The Services enable you and other consumers to find, request, or receive (i) vehicle relocation and rental vehicle return services at or near airports performed by independent third-party providers (each, a "Contractor," and together with other third-party providers, "Third-Party Providers"); (ii) related features, recommendations, and communications to facilitate your request (including confirmations, updates, and notifications); and (iii) certain supporting services, including payment processing and customer support. Unless otherwise agreed by CurbGenie in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

3.1 Vehicle Relocation Services; How Requests Work

A typical request may include, without limitation, moving a vehicle from an airport departure curbside / terminal area (or other designated pickup location) to a rental car facility return area, designated garage, valet intake, or other drop-off location you specify in the CurbGenie App (the "Vehicle Relocation Services").

Once you make a request, CurbGenie notifies Third-Party Providers that an opportunity is available so that a Third-Party Provider may accept and complete your request. It is up to the Third-Party Provider to decide whether or not to accept your request, and it is up to you to decide whether or not to proceed with the request if a Third-Party Provider accepts.

Please note that once your request has begun (including once a Third-Party Provider has accepted the request or is en route), you may no longer have the option to reschedule or cancel. If CurbGenie permits a cancellation or reschedule, you may be charged a fee.

3.2 Not a Common Carrier; No Bailment; Third-Party Providers Are Independent

CURBGENIE IS A TECHNOLOGY PLATFORM AND IS NOT A COMMON OR MOTOR CARRIER, VALET OPERATOR, RENTAL CAR COMPANY, PARKING OPERATOR, OR AIRPORT AUTHORITY, AND DOES NOT PROVIDE VEHICLE RELOCATION SERVICES ITSELF. CURBGENIE DOES NOT TAKE POSSESSION OR CONTROL OF YOUR VEHICLE AND DOES NOT CREATE A BAILMENT RELATIONSHIP. THIRD-PARTY PROVIDERS WHO PERFORM VEHICLE RELOCATION SERVICES ARE INDEPENDENT CONTRACTORS AND ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF CURBGENIE.

Any effort, feature, process, policy, standard, or other effort undertaken by CurbGenie to facilitate your receipt of Third-Party Services or in the interest of safety or security (whether required by applicable regulations or not) is not an indicia of an employment, actual agency, apparent agency, or ostensible agency relationship with any Third-Party Provider.

3.3 Your Responsibilities for Rental Agreements; Timing; Late Fees

You understand and agree that you remain solely responsible for: (i) compliance with any rental agreement terms, airport rules, and facility policies applicable to your vehicle; (ii) ensuring your rental car return is timely; and (iii) any charges assessed by rental companies or facilities, including late fees, extra-day charges, refueling fees, cleaning fees, tolls, tickets, citations, or administrative fees, regardless of whether such charges arise before, during, or after a Vehicle Relocation Service.

You are responsible for providing sufficient lead time when booking Vehicle Relocation Services. You acknowledge that traffic, facility congestion, shuttle delays, return-lane closures, weather, staffing, security restrictions, inspections, and other factors may impact completion time. Neither CurbGenie nor any Third-Party Provider guarantees that a vehicle will be returned by any specific time or in time to avoid late fees or other charges.

3.4 Flight Information; Scheduling Reliance

To facilitate Vehicle Relocation Services at or near airports, you may be required to provide accurate flight information, including (without limitation) airline, flight number, departure and/or arrival time, terminal, and date (collectively, "Flight Information"). You represent and warrant that all Flight Information you submit through the Services is complete, current, and accurate.

You acknowledge and agree that CurbGenie and Third-Party Providers may rely on the Flight Information you provide to schedule, dispatch, route, and time a Third-Party Provider's arrival and performance of Vehicle Relocation Services. You are solely responsible for any inaccuracies, omissions, or failures to update Flight Information, and you acknowledge that such inaccuracies or omissions may result in delays, missed pickups, cancellation, additional Charges (including last-minute or re-dispatch fees), or inability to complete the Vehicle Relocation Services. Neither CurbGenie nor any Third-Party Provider will be responsible for any consequences arising from inaccurate, incomplete, or outdated Flight Information, including rental late fees, extra-day charges, missed flights, or other time-sensitive impacts.

3.5 Last-Minute, Peak, and Holiday Pricing

Charges may increase during times of high demand, including for last-minute requests, peak travel hours, weekends, and holidays. Additional fees may apply for requests placed within a specified number of minutes/hours of the desired pickup time, for airport access constraints, or where a facility imposes access or staging requirements.

3.6 Transfer of Possession; Confirmation; Notifications

Where the Services require you to hand over a vehicle to a Third-Party Provider, you agree to complete the in-app transfer of possession workflow, which may include confirming: (i) the vehicle identifier (make/model/plate), (ii) the pickup location, (iii) the condition of the vehicle, and (iv) that you are authorizing the Third-Party Provider to drive the vehicle solely for the limited purpose of completing the Vehicle Relocation Services. You also agree that the Services may provide you with notifications when: (a) a Third-Party Provider is en route, (b) pickup is completed, and (c) drop-off is completed.

3.7 Empty Vehicle Relocation Only; No Passengers; Limited Scope

Vehicle Relocation Services are strictly limited to relocation of empty rental vehicles from the designated pickup location to the designated rental return location. No passengers may be transported in the rental vehicle at any time (including you, your guests, or any third party). You acknowledge that Contractors may refuse to accept or may cancel a request if a passenger is present or if the request otherwise violates these Terms. You further acknowledge and agree that the Vehicle Relocation Services are limited in scope and duration: the Contractor's custody of the vehicle is temporary and only for the time reasonably necessary to drive from pickup to return. The vehicle may not be used for personal errands, side trips, or storage, and is not intended to be retained overnight except where expressly authorized due to emergency circumstances.

3.8 Driver Refusal for Safety, Damage, or Prohibited Items

A Third-Party Provider may refuse to accept, pick up, or complete a request if, in the Third-Party Provider's reasonable judgment, the vehicle appears unsafe to operate, is visibly damaged beyond ordinary wear and tear, presents an access or security issue, or shows signs of prohibited items or unlawful activity. If a request is refused after dispatch or arrival, you may be charged a cancellation, dispatch, or inconvenience fee as disclosed in the CurbGenie App.

3.9 Prohibited Items; Contraband; Weapons

You represent and warrant that your vehicle does not contain illegal drugs, unlawful contraband, unpermitted firearms or weapons, or other prohibited items, and that you have removed all personal items you do not want left in the vehicle. You agree that Third-Party Providers are not responsible for locating, safeguarding, or returning items left in the vehicle.

If a Third-Party Provider reasonably suspects the presence of illegal contraband or a weapon, the Third-Party Provider may refuse service and may contact law enforcement.

4. App Store Terms, Licensing, and Intellectual Property Rights

The availability of the Services may depend on the third party from which you received the license to the CurbGenie App, such as the Apple App Store or Google Play (each, an "App Store"). These Terms are between you and CurbGenie, not the App Store, and CurbGenie is responsible for the Services as described in these Terms. However, if you downloaded the CurbGenie App from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as a third-party beneficiary. These Terms incorporate by reference Apple's Licensed Application End User License Agreement for purposes of which you are the "end-user." If there is a conflict between Apple's Licensed Application End User License Agreement and these Terms, these Terms control.

4.1 Ownership; License; and Restrictions

The Services, Platform, and all rights, title, and interest, including all related intellectual property rights, are and shall remain the property of CurbGenie or its licensors. These Terms are not a sale and do not convey to you any rights in or related to the Services, except for the limited license expressly granted below. Subject to your compliance with these Terms, CurbGenie grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the CurbGenie App solely in connection with your use of the Services on your personal device; and (ii) access and use any content, information, and related materials made available through the Services, solely for your personal, noncommercial use. Any rights not expressly granted are reserved by CurbGenie and its licensors. You agree you will not use CurbGenie's copyrights, trademarks, service marks, or trade dress, except incidental to your lawful use of the Services, without CurbGenie's express written permission (including in domain names, websites, or social media accounts). You may not: (i) remove proprietary notices; (ii) reproduce, modify, create derivative works, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any portion of the Services except as expressly permitted; (iii) decompile, reverse engineer, or disassemble the Services except as permitted by law; (iv) link to, mirror, or frame any portion of the Services; (v) cause or launch scripts or programs that unduly burden or hinder operation; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or related systems or networks.

5. Accessing the Services

5.1 User Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). Unless a specific Service provides otherwise: (i) you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, (ii) you may only possess one Account and (iii) you may not assign or otherwise transfer your Account to any other person or entity. CurbGenie maintains the right to delete or deactivate duplicate accounts. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account credentials at all times.

You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration may require you to submit to CurbGenie certain personal information, such as your name, address, still or live photo, mobile phone number and age, as well as at least one valid payment method that you are authorized to use and is supported by CurbGenie ("Account Information"). You are responsible for providing accurate Account Information and in certain instances, you may be asked to provide proof of age, identity or other method of identity verification to access or use the Services. You may be denied access to, or use of, the Services if you refuse to provide (or we are unable to verify) proof of age, identity, or other method of identity verification. Additionally, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to CurbGenie or its service providers for the duration of your business relationship, solely to help CurbGenie identify you or your wireless device and to prevent fraud.

CurbGenie also disable or delete your account if after registration your account is not confirmed (where applicable), your account is unused and remains inactive for an extended period of time, if we detect someone may have used it without your permission and we are unable to confirm your ownership of the account, or where we are required to do so under applicable law. To the maximum extent permitted by applicable law, CurbGenie and its affiliates assume no liability for such loss of access and use and will have no obligations related to such loss. If you discontinue your use of CurbGenie, or we disable your access to or use of the Services, these Supplemental Terms shall terminate as an agreement between you and us with respect to those Services, but certain sections will survive termination as provided herein.

For more information regarding CurbGenie's use of your personal information, please see our Privacy Notice.

5.2 Minors

You may not authorize third-parties to use your Account, and you may not allow persons under the age of 18 to use the Services.

5.3 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 any updates thereto. CurbGenie 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. CurbGenie is not responsible for any resulting delays, delivery failures, or damage, loss, injury or death.

6. User Conduct and Requirements; Communications; and User Content

6.1 User Conduct and Requirements

In addition to complying with these Terms, you agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not access or use the Services to cause nuisance, annoyance, inconvenience, damage, or loss to CurbGenie, the Third-Party Provider, or any other party.

You agree that you will not:

• request Vehicle Relocation Services unless you are authorized to permit a Third-Party Provider to operate the vehicle (including under any rental agreement);
• request Vehicle Relocation Services for a vehicle that is unsafe to operate, materially non-roadworthy, or has a known mechanical condition that creates a risk (e.g., major brake failure);
• request Vehicle Relocation Services where access requires violating airport rules, security restrictions, or facility policies;
• leave illegal contraband, unlawful weapons, or other prohibited items in the vehicle.

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

6.2 Contraband and Weapons Procedure

If a Third-Party Provider reports that they found a weapon or illegal contraband in the vehicle, you acknowledge and agree that:

1. The Third-Party Provider may stop the service immediately and contact law enforcement.
2. CurbGenie may suspend or restrict your Account pending investigation.
3. CurbGenie may provide information to law enforcement to the extent permitted by applicable law and consistent with CurbGenie's privacy disclosures.

6.3 Communications with CurbGenie

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

You may change your notification preferences by accessing Settings in your Account. To opt out of receiving text messages from CurbGenie, you must reply "STOP" from the mobile device receiving the messages. Text messages between you and Third-Party Providers are transactional text messages, not promotional text messages. You acknowledge that opting out of receiving all communications may impact your use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on your Account, CurbGenie may contact you using any of the contact information you provided in connection with your Account (including via text or voice-recorded message).

6.4 Use of Accounts Owned by Others

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

6.5 User Provided Content; Feedback

Content you provide through the Services (including photos, comments, ratings, or other submissions) is governed by the applicable content terms and policies referenced in the Supplemental Terms. Feedback you provide may be used by CurbGenie without restriction or obligation to you.

7. Payment

Your use of the Services may result in charges to you for the Vehicle Relocation Services you request and/or receive through the Platform ("Charges"). Charges may include, as applicable: (i) the Contractor's service fee for completing the Vehicle Relocation Service, (ii) CurbGenie platform, convenience, booking, or service fees including cancellation fees, (iii) applicable taxes, and (iv) other fees disclosed to you at checkout or in-app.

Flat-Rate Pricing; Not Distance/Time Based. Vehicle Relocation Services are priced using a flat-fee structure and are generally not billed by miles driven or minutes traveled. Instead, Charges are typically determined by the booking window and other factors disclosed at booking (e.g., airport or facility, pickup constraints, demand, and Contractor availability).

Booking Window Tiers. Charges may vary based on the tier that applies at the time you place your request, which may include (without limitation):

• Advance Booking (More Than 24 Hours). A flat rate that applies when you book more than twenty-four (24) hours before the requested pickup time.
• Within 24 Hours Booking. A flat rate that applies when you book within twenty-four (24) hours of the requested pickup time.
• Same-Day Booking. A flat rate that applies when you book on the same calendar day as the requested pickup time (or within another same-day window defined in-app), which may be priced differently than other "within 24 hours" bookings.

The tiers available, how they are defined in a given market, and the amounts for each tier may change from time to time, may vary by location, and may not be available in all areas. The applicable tier and total Charges will be displayed to you before you confirm your request.

Peak Period / High-Demand Add-Ons ("Surge"). During periods of unusually high demand or limited Contractor availability—such as holidays, major travel days, large conventions, or major sporting or entertainment events (for example, Super Bowl weekend in the applicable market)—Charges may include an additional flat-fee increase or similar high-demand adjustment. These adjustments are not calculated by mile or minute and will be disclosed to you prior to confirmation where required by law or Platform design.

Charges May Differ Among Customers. Charges for the same or similar services may differ depending on booking window tier, time/day, location, demand, availability, and other marketplace factors. You agree that such differences do not entitle you to any refund or price match unless required by applicable law.

When you add a payment method to your account, you authorize us and our payment service providers to collect and store your payment method information. Any payment method added by you will be automatically saved to your CurbGenie wallet. You can add multiple payment methods to your wallet, and you agree that CurbGenie may charge any of these payment methods for any future transactions or Charges. Your default payment method is identified in your profile page within the CurbGenie wallet. If your default payment method is expired, invalid or otherwise not able to be charged, you agree that CurbGenie may charge any other available payment method saved in your wallet. You can change your default payment method at any time.

If your payment method's account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance, expiration or otherwise, we may automatically update your payment method on file, in accordance with applicable law, if we acquire that information from our financial services partners or your bank. We reserve the right to decline, refuse or limit the use of any payment methods that we believe may be unauthorized, fraudulent or illegal or may violate our policies or procedures or otherwise expose CurbGenie to an unacceptable level of risk.

When you pay for any Charges using your bank account as your selected payment method, you authorize us to debit your bank account for the total cost of all Charges, including any applicable taxes and fees. You also authorize us to further debit or credit your bank account to correct any erroneous debits, make adjustments to your payment, or issue a refund back to your bank account. Your bank account must be able to accept debits denominated in USD.

Certain payment methods may involve the use of third-party payment service providers not affiliated with CurbGenie. You may be subject to additional fees imposed by these payment service providers in connection with processing your payment. CurbGenie is not responsible for any of these fees and disclaims all liability for such fees. You should review the payment service provider's terms of use before using such payment method.

As between you and CurbGenie, CurbGenie reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. CurbGenie will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

7.1 Refunds

Charges paid by you are final and non-refundable, unless otherwise determined by CurbGenie. If you have any requests for cancellations, refunds, or returns, or if you think a correction should be made to any Charge you incurred, please visit the "Help" tab in your Account to initiate such requests within 30 days after the Charge took place or CurbGenie will have no further responsibility and you waive your right to later dispute the amounts charged.

7.2 Promotional Offers

Certain users may, from time to time, receive promotional offers and discounts that result in different amounts charged for the same or similar services or goods obtained through the use of the Service, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Service or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice.

7.3 Gratuity

Except for amounts provided by you through the Services as part of the "tip" feature, CurbGenie does not designate any portion of your payment as a tip or gratuity to the driver returning our rental car. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver who provides you with services through the Service, you are under no obligation to do so.

7.4 Cancellation Fees; Refusal Fees; Damage or Condition Issues

If you request cancellation after dispatch or arrival, you may be charged a cancellation or dispatch fee. If a Third-Party Provider refuses service based on visible damage, unsafe condition, access restrictions, suspected prohibited items, or other circumstances outside the Third-Party Provider's control, you may be assessed a fee as disclosed in the App.

8. Disclaimers; Limitation of Liability; and Indemnity

8.1 Disclaimers

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

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

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

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

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

8.2 Limitation of Liability

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

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

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

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

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

8.3 Indemnity

You agree to indemnify and hold CurbGenie and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) CurbGenie's use of your User Content (if any); or (iv) your violation of the rights of any third party, including Contractors, rental car companies, airport operators, or facility operators.

9. Other Provisions

9.1 Choice of Law

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

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

9.2 Choice of Forum

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

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

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

9.3 Claims of Copyright and Trademark Infringement

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

9.4 Notice

CurbGenie may give notice by means of a general notice on or through the Services, electronic mail to the email address associated with your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the Services). Notwithstanding the foregoing, notice of any modifications to these Terms shall be effective upon posting an updated version of these Terms on CurbGenie's website or through the Services.

You may give notice to CurbGenie, with such notice deemed given when received by CurbGenie, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o CurbGenie, Inc. The name and current contact information for the registered agent in each state may be made available online or through CurbGenie upon request. If another provision of these Terms addresses any specific notice (for example, notice of updates to these Terms, or notice of a dispute or arbitration demand), those specific notice provisions shall prevail to the extent there is any conflict or inconsistency between those provisions and this notice provision.

9.5 General

You may not assign these Terms without CurbGenie's prior written approval. CurbGenie may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of CurbGenie's equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this Section shall be void.

No joint venture, partnership, employment, or agency relationship exists between you, CurbGenie, any Third-Party Provider as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. CurbGenie'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 CurbGenie in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.