MyWeels Platform Access Agreement
Last Updated: November 29, 2024
This Platform Access Agreement (this “Agreement”) is by and among you, an individual (“you” or “Driver”), and Wheels, LLC, d/b/a MyWeels, a Minnesota limited liability company (“MyWeels,” “Platform Provider,” “we,” “us” or “our”). This Agreement governs your access to MyWeels applications, websites, technology, facilities, and platform (collectively, the “MyWeels Platform”). MyWeels provides an online, web-based platform where persons who seek transportation to certain destinations (“Riders”) can be matched and/or rematched with independent rideshare Drivers who are driving to or through those destinations (the “Rideshare Services”).
THIS IS A BINDING CONTRACT; PLEASE READ IT CAREFULLY BEFORE AGREEING.
BY ENTERING INTO THIS AGREEMENT, WHAT YOU ARE AGREEING TO INCLUDE THE FOLLOWING:
· ALL DISPUTES BETWEEN YOU AND MYWEELS WILL BE RESOLVED BY BINDING ARBITRATION (AS SET FORTH AND SUBJECT TO THE TERMS OF SECTION 10), UNLESS YOU OPT OUT OF BINDING ARBITRATION.
· AS BETWEEN YOU AND MYWEELS, YOU ARE AN INDEPENDENT CONTRACTOR AND YOU ARE NOT AN EMPLOYEE OR AGENT OF MYWEELS (SEE SECTION 1). AS A RESULT, YOU ARE NOT ENTITLED TO WORKERS COMPENSATION INSURANCE OR OTHER EMPLOYMENT BENEFITS FROM MYWEELS;
· YOU WILL INDEMNIFY AND DEFEND MYWEELS, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively, the “Indemnified Parties”), AND HOLD THEM HARMLESS, WITH RESPECT TO ANY CLAIMS ARISING FROM ACCIDENTS OR INCIDENTS OCCURRING IN CONNECTION WITH ANY TRIP YOU PERFORM (SEE SECTION 9); AND
· LIMITATIONS ON MYWEELS’ LIABILITY TO YOU (SEE SECTION 10).
In order to use MyWeels Platform, you must agree to the terms and conditions set forth in this Agreement. Upon your acceptance of and assent to (electronic or otherwise) this Agreement, you and MyWeels shall be bound by the terms and conditions set forth herein.
IMPORTANT: PLEASE NOTE THAT TO USE MYWEELS PLATFORM, YOU MUST AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND the documentS it incorporates by reference, including but not limited to myweels’ terms and conditions, privacy policy, and policies and procedures. BY VIRTUE OF YOUR ACCEPTANCE OF AND ASSENT TO THIS AGREEMENT, WHETHER ELECTRONIC OR OTHERWISE, AND/OR YOUR USE OF ANY OF THE SERVICES, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT (INCLUDING THE ARBITRATION PROVISION) AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS DECISION.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Independent Contractor Relationship.
a. Independent Contractor.
This Agreement shall not render you an employee, partner, agent of, or joint venturer with MyWeels for any purpose. You are and will remain an independent contractor in your relationship with MyWeels. This is not an employment agreement, and you are not an employee. You confirm the existence and nature of that contractual relationship each time you access MyWeels Platform. We are not hiring or engaging you to provide any service; you are engaging us to provide you access to MyWeels Platform.
b. Benefits and Contributions.
You (and your spouse and dependents) are not entitled to or eligible for any benefits that MyWeels or other related entities may make available to its employees, such as group insurance, workers’ compensation insurance benefits, profit-sharing, or retirement benefits. You waive all rights to such benefits, including any right to file a claim for any employee benefits under the Employee Retirement Income Security Act (ERISA), applicable state or local law, or any MyWeels policy. Because you are a Driver and an independent contractor, MyWeels will not withhold or make payments for income or payroll taxes or social security, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf except as provided under Minnesota Statute Section 181C.02 Subd 1.
c. Taxes.
You are solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from the payment to you under these terms and conditions. To the extent required by the IRS and state or local tax authorities, MyWeels will report the payment paid to you for services rendered as part of MyWeels engagements by filing Form 1099-K or 1099-MISC with such tax authorities. You agree to indemnify MyWeels and hold MyWeels harmless for the cost of any tax liabilities, interest and penalties incurred by MyWeels as a result of your failure to pay all applicable taxes in a timely manner.
d. Your Choice to Provide Rideshare Services to Riders.
We do not, and have no right to, direct or control you. Subject to the availability of MyWeels Platform, you decide when, where and whether (a) you want to offer Rideshare Services facilitated by MyWeels Platform and (b) you want to accept, decline, ignore or cancel a ride request; provided, in each case, that you agree not to discriminate against any potential Rider. Subject to your compliance with this Agreement, you are not required to accept any minimum number of rides in order to access MyWeels Platform. You understand that your Riders’ experiences with your rides, as determined by Rider input, may affect your ability to access MyWeels Platform or provide Rideshare Services.
2. Drivers’ Obligations.
a. No Conflicts.
You shall ensure that you are not subject to any contract or duty that would be breached by entering into or performing your obligations under this Agreement, or any other MyWeels agreement, terms and conditions, or Policies and Procedures. These terms and conditions are not exclusive and do not limit your ability to use your car for other purposes.
b. Background Checks.
By submitting the application to be a Driver with MyWeels, you consent to a background check (which may include but not be limited to a criminal history check, motor vehicle record check, and drug and/or alcohol screening) to be conducted by an independent third party. Subject to satisfactory completion of any and all required background checks (which will be conducted in compliance with all applicable laws) and agreement to the terms herein, you will be eligible to use the MyWeels Platform to view and accept Rideshare Services requests. Such background checks also may be conducted at any time while providing Rideshare Services under these terms and conditions.
c. Automobile Insurance.
You agree to maintain at your cost automobile insurance valid for transporting passengers arranged through a transportation network company (“TNC”) and a valid driver’s license. You are advised that personal automobile insurance policies will normally not provide coverage when a Driver uses a vehicle in connection with a TNC’s online-enabled application or platform and that personal automobile insurance policies will not normally provide collision or comprehensive coverage for damage to the vehicle used by the Driver when a Driver is providing Rideshare Services. You further agree that, in the event of an accident while providing Rideshare Services, you will comply with any applicable law, ordinance, or regulation; make any required contact with or report to your insurance carrier; and have available for law enforcement inspection evidence of your personal insurance and MyWeels’ commercial insurance.
d. Other Insurance.
You acknowledge that you are a Driver and as such an independent contractor, not an employee of MyWeels As such, unless otherwise required by applicable law, ordinance or regulation, you are not covered by any insurance that may be provided by MyWeels to its employees, including, without limitation, health insurance, workers’ compensation insurance, general liability insurance, and automobile liability insurance. As an independent contractor, you are solely and exclusively responsible for and agree to provide your own insurance. Specifically, in the event that you are injured while in the course and scope of Rideshare Services requested through MyWeels Platform, you acknowledge, understand and agree that you will not be covered by any workers’ compensation insurance coverage that MyWeels may provide to its employees. Further, in the event that your actions cause an injury to a third party while you are in the course and scope of Rideshare Services requested through MyWeels Platform, you acknowledge and understand that you will not be covered by any general liability or automobile liability insurance coverage that MyWeels may have, and that MyWeels is not making any commitment to defend and/or indemnify you in such circumstances, and specifically denies such obligation.
e. Vehicle Used to Provide Rideshare Services.
In providing Rideshare Services to Riders, you agree consistent with applicable law, ordinance or regulation, and the Policies and Procedures of MyWeels, including but not limit to the vehicle standards and vehicle inspections. You will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle you use for Ridshare Services, including, but not limited to personal injuries, death and property damages.
f. Compliance With Non-Discrimination Requirements.
You represent that you understand and agree to comply with all legal requirements to provide services on a nondiscriminatory basis, including refraining from harassment, with respect to sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation and any other basis protected by applicable law.
g. Obey All Laws.
You agree to follow all applicable laws, ordinances and regulations when providing Rideshare Services to a Rider, including but not limited to obeying all traffic laws and regulations.
h. Compliance with Policies and Procedures, including Zero Tolerance Intoxicating Substance Policy.
Consistent with its legal obligations, MyWeels has adopted Policies and Procedures (also known as Business Plan), which include a Zero Tolerance Intoxicating Substances Policy. A copy of the Policies and Procedures, including Zero Tolerance Intoxicating Substances Policy, will be provided to you. You agree to comply with MyWeels’ Policies and Procedures. You also understand and agree that Riders will be encouraged to report to MyWeels any violation of such policy and that you will be suspended from providing Rideshare Services to Riders until completion of MyWeels’ investigation of the incident and that these terms and conditions may be terminated if MyWeels investigation determines you violated the policy.
i. Accepting Open Requests.
By registering to become a Driver and accepting Rideshare Services requests through MyWeels Platform, you agree to use your best efforts to perform such services satisfactory to the Riders, for whom the Rideshare Service request was created. Once a Driver has accepted a Rideshare Services request, such request will no longer be available for performance by other Drivers. By accepting a Rideshare Services request, you are entering into a binding legal agreement to provide such services for the payment specified in such request. Do not accept a Rideshare Services request unless you are sure that you understand what you are being asked to deliver, can get to and from the Rider’s location safely, and can deliver the Rideshare Services in the requested time period.
j. No Street Hails and Cash Payments.
You will not, while providing the Rideshare 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 to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
k. Maintenance of Rider Rating.
You acknowledge and agree that a Rider after receiving your Rideshare Services, may be prompted to provide a rating of you, your vehicle and/or such Rideshare Services you provided and, optionally, to provide comments or feedback about you, your vehicle and/or such Rideshare Services you provided.
You acknowledge that MyWeels desires that Riders have access to high-quality Rideshare Services via MyWeels Platform. MyWeels has a five (5) star rating scale. In the event your average rating falls below three (3) stars, MyWeels will conduct a comprehensive review you, your vehicle, and/or the Rideshare Services you provide (the “Review Period”). During such Review Period and in MyWeels’ sole discretion, you may be suspended from providing Rideshare Services to Riders until completion of MyWeels’ review and MyWeels decides to provide you a limited period of time to raise your average rating above three (3) stars. In the event your fail to increase your average rating above three (3) star or your average rating falls below two (2) stars, MyWeels reserves the right to terminate this Agreement with you and your access to Rideshare Services request immediately subject to MyWeels Deactivation Policy.
Additionally, you acknowledge that your repeated failure to accept Rideshare Services requests while you are logged in to MyWeels Platform as a Driver creates a negative experience for Riders. If you repeatedly fail to accept Rideshare Services requests, MyWeels reserves the right to terminate this Agreement with you and your access to Rideshare Services request.
3. Responsibilities of MyWeels.
MyWeels will use its commercially reasonable best efforts to perform the following tasks.
a. Fulfillment.
MyWeels shall provide MyWeels Platform enabling Rider to post scheduled, flat-fee ride requests for optional, not obligatory, acceptance by Driver.
b. Collection System.
MyWeels shall provide MyWeels Platform to enable Driver to collect payments from Riders online.
c. Preferred Driver Program
The MyWeels Preferred Driver Program is designed to match riders with familiar drivers and foster a sense of connection and safety. The program allows individuals and associates to create a private rideshare service by automatically pairing riders with specific drivers marked as their Preferred Drivers.
The First Preferred Driver, to be designated by the Company, is typically the first person to be named a Preferred Driver by the customer. The First Preferred Driver receives the customer's trip notifications for the first several seconds of the request before they are presented to additional preferred drivers and the general pool of drivers on the platform.
d. Maintenance.
MyWeels shall provide ongoing maintenance, support and upgrade of MyWeels Platform.
e. Training Courses and Orientation.
MyWeels shall provide Training Course, if required, and orientation to Driver on the use of MyWeels Platform, and, per applicable state or local law, ordinance, or regulation, safe operation of the vehicle used to provide services to Riders.
f. Vehicle Decal.
MyWeels shall provide a decal to Driver to place on Driver’s vehicle when providing Rideshare Services (to comply with state or local legal requirements).
g. Compliance with All Laws.
MyWeels shall follow all applicable laws, ordinances and regulations applicable to it, including, but not limited to in the Chapter 343 of Code of Ordinances of City of Minneapolis (subject to change by Minneapolis City Counsel).
4. Fare and Payments.
a. Driver Fare.
You are entitled to receive fare for the Rideshare Services you provide to Riders (“Driver Fare”), and the total amount of such Driver Fare you receive may vary based on the factors such as the actual time and distance of the ride as measured by MyWeels, the route you take, the market where you provide Rideshare Services, the vehicle type and type of Rideshare Services you provide to Riders, any applicable transaction fee third-party providers may charge, any applicable fee MyWeels or its affiliate may charge, cancellation and no show charges, any surcharges MyWeels or its affiliates is required to collect and pay to any government agency or other third party, applicable state or local law, ordinance, or regulation.
The Driver Fare you will receive for a ride will be quoted to you before you accept such Rideshare Services request. Upon acceptance of such Rideshare Services request and completion of the ride, you will be paid the Driver Fare unless there are significant changes to the trip. For example, and for illustration only, if a trip is significantly longer or shorter (e.g., a Rider change the pickup/destination or a stop was added/changed), your Driver Fare may be increased or decreased, as applicable, post-ride to compensate for significant changes to the trip.
b. Payment.
You will receive payment for the Rideshare Services you provide on a regular basis as agreed upon by you and MyWeels.
5. Privacy.
By using MyWeels Platform, you agree to comply with MyWeels’ Privacy Policy.
6. Confidentiality.
a. Access to Confidential Information.
Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party (“Confidential Information”). Confidential Information includes services data, Driver IDs, Rider information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential.
b. Use and Disclosure.
Each party acknowledges and agrees that: (i) all Confidential Information shall remain the exclusive property of the disclosing party; (ii) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (iii) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers (“Permitted Persons”) as necessary to perform under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non-use no less protective than the terms hereof; and (iv) it shall return or destroy all Confidential Information of the disclosing party upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to MyWeels, subject to its Policies and Procedures requirements).
c. Exceptions.
Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (i) is or becomes part of the public domain through no act or omission on the part of the receiving party; (ii) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (iii) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (iv) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.
7. Intellectual Property
We reserve all rights not expressly granted in this agreement. MyWeels Platform and all data gathered through MyWeels Platform, including all intellectual property rights therein (“MyWeels IP”) are and remain our property. Neither this agreement nor your use of MyWeels’ name, logos, trademarks, service marks, trade dress, other indicia of ownership, copyrights or MyWeels IP conveys or grants to you any rights in or related to MyWeels IP, or related intellectual property rights.
8. Term and Termination.
a. Term.
This Agreement shall commence on the date accepted and agreed to by you and shall continue until terminated as set forth herein.
b. Termination.
Either MyWeels or you may terminate this Agreement with respect to you and your providing Rideshare Services hereunder for any reason, or for no reason at all, at any time upon written notice to the other party. Both MyWeels and you acknowledge that, other than the aforementioned termination notice, no other actions are necessary for either party to terminate this Agreement with respect to you and your providing Rideshare Services hereunder. The basis for termination may include, but is not limited to: (i) your material breach of any of your obligations under this Agreement, which includes but is not limited to failing to comply with the requirements set forth in applicable state or local requirements for Driver using their personal vehicles to provide Rideshare Services arranged through a TNC, your driving a vehicle while under the influence of intoxicating substances, your failure to complete a Rideshare Service request accepted by you, your failure to show up when you have accepted a Rideshare Service request, or your failure to complete the ride to the specifications of the Rider request; (ii) you are not permitted by applicable law, ordinance, or regulation to be a TNC Driver (and therefore cannot be a MyWeels Driver) (for example, due to a disqualifying criminal conviction or arrest, license revocation or suspension, or an unacceptable driving record as determined in MyWeels’ sole discretion); (iii) MyWeels’ material breach of any of its obligations under these terms and conditions; and (v) any other lawful reason. MyWeels shall not be liable for, nor shall you be liable to perform, any Rideshare Services, payments, or expenses incurred after the receipt of notice of termination, except as set forth expressly in these terms and conditions or as otherwise required by law.
9. Indemnification.
You agree to indemnify and hold harmless MyWeels, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively, the “Indemnified Parties”) from and against any claims, actions, demands, suits, losses, costs, liabilities, damages and expenses (including attorneys’ fees), arising out of or in connection with: (I) your use of MyWeels Platform and services and provision of Rideshare Services, (II) your breach or violation of any provisions of this Agreement or the documentS it incorporates by reference, including but not limited to myweels’ terms and conditions, privacy policy and POLICIES AND PROCEDURES, (III) your violation of any law or the rights of any third party, including, but not limited to, Riders and Drivers, (iv) MyWeels’ use of the contents in your MyWeels account, (v) your ownership, use or operation of vehicle, including your provision of Rideshare Services as a Driver, and (6) any other activities of yours in connection with the MyWeels Platform, Rideshare Services or MyWeels Services.
10. Limitation of Liability.
MYWEELS, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS, WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, LOST PROFITS, LOST DATA, LOST PROGRAMS, PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE MYWEELS PLATFORM, RIDESHARE SERVICES OR MYWEELS SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF MYWEELS, EVEN IF MYWEELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, MYWEELS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE CHOICE OF LAW PROVISION OF THIS AGREEMENT.
11. DISPUTE RESOLUTION.
Please read this section carefully UNLESS YOU OPT OUT OF DISPUTE RESOLUTION. you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.
a. Agreement to Binding Arbitration.
You and MyWeels agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (i) the MyWeels Platform or (ii) the breach, enforcement, interpretation, application, or validity of these terms and conditions, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these terms and conditions (the “Arbitration Agreement”).
b. Exceptions to Arbitration.
Notwithstanding the foregoing, in lieu of arbitration: (i) either you or MyWeels can bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (ii) you agree that you or MyWeels may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
c. Jury Trial & Class Action Waiver.
Except as these terms and conditions otherwise provide, you and MyWeels acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and MyWeels may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.
If any court or arbitrator determines that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then the Arbitration Agreement will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Agreement.
d. Governing Law & Arbitration Rules.
The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Minnesota.
The arbitration will be conducted under the then current and applicable Consumer Arbitration rules of the American Arbitration Association (“AAA”). The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
12. Integration.
This Agreement sets forth the entire understanding and agreement between you and MyWeels with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
13. Choice of Law.
Except as provided in the DISPUTE RESOLUTION section above, this Agreement and all matters arising out of or relating to this Agreement will be governed by, construed, and enforced in accordance with the Laws of the State of Minnesota without giving effect to any choice or conflict of law doctrine that otherwise might be applicable.
14. Severability.
If any term or provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable Law, such provision will be ineffective only to the extent of such invalidity, illegality or unenforceability without invalidating the remainder of such provision or any other terms or provisions of this Agreement, and the remaining provisions shall be enforced to the fullest extent under law.
15. Construction.
For purposes of this Agreement, the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation.” The headings in this Agreement are for convenience only and will not in any way affect the meaning or interpretation of this Agreement. Except where the context requires otherwise, the use of terminology of any of the masculine, feminine or neuter genders will include all such genders, and the use of the singular number will include the plural and vice versa.
16. Notice.
MyWeels may give you notice by means of general notice through MyWeels Platform, electronic mail to the email address associated with your MyWeels account, telephone or text message to the phone number provided in connection with your MyWeels account, or by certified mail, postage prepaid and return receipt requested to Wheels, LLC, 2575 North Fairview Avenue, Ste 250, Roseville, MN 55113. Such notice shall be deemed to have been given upon the expiration of 24 hours after mailing or posting (if sent by certified mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the MyWeels Platform). Notwithstanding the foregoing, notice of any changes to this Agreement shall be effective upon posting an updated Agreement on MyWeels Platform.
17. Assignment.
You may not assign this Agreement without MyWeels’ prior written approval. any purported assignment by you in violation of this provision shall be void. MyWeels may assign this Agreement without your approval to: (1) a subsidiary or affiliate; (2) an acquirer of MyWeels’ equity, business or assets; or (3) a successor by merger.
18. Waiver.
MyWeels’ failure to exercise or delay in exercising any right, power or privilege under this Agreement will not operate as a waiver; nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
19. Effective Date.
These terms and conditions shall become effective upon your initial access of the MyWeels Platform, subject to your successful completion of any and all required background checks.
DRIVER:
______________________________________
Name: ________________________________
Driver’s License ID No.: __________________
MYWEELS
Kristen Ohlsen
General Counsel
MyWeels