These Terms and Conditions (the “Terms” or “Agreement”) between you and Wheels, LLC, its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “MyWeels,” “we,” “us” or “our”) governing your use of the MyWeels applications, websites, technology, facilities, and platform (collectively, the “MyWeels Platform”).
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND OTHER PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND MYWEELS. SEE “DISPUTE RESOLUTION” IN SECTION 9 BELOW.
THESE DISPUTE RESOLUTION PROVISIONS, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO: (1) PURSUE CLAIMS AND SEEK RELIEF AGAINST MYWEELS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) WAIVE YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS. THESE PROVISIONS ARE APPLIABLE TO ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT.
By entering into this Agreement or accessing the MyWeels Platform, you expressly acknowledge that you have read, understood, and accept this Agreement (including the DISPUTE RESOLUTION section below]. PLEASE DO NOT ACCESS OR USE MYWEELS PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, OUR WEBSITE TERMS OF USE, OR OUR PRIVACY POLICY.
Agreement.
Pursuant to these agreed Terms, MyWeels provides an online, web-based platform where persons who seek transportation to certain destinations (“Riders” or “you”) can be matched and/or rematched with independent rideshare drivers who are driving to or through those destinations (“Drivers”).
In these Terms, Drivers, Riders, and any other individuals using the MyWeels Platform are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders in connection with the MyWeels Platform, shall be referred to herein as “Rideshare Services.”
“MyWeels Services” shall include any service provided by MyWeels pursuant to the MyWeels Platform and is not part of Rideshare Services.
Together, Rideshare Services and MyWeels Services constitute the “Services” referenced in this Agreement and the Privacy Policy.
No agreements, relationship or transactions shall create or be construed as creating an agency, partnership, fiduciary or joint venture relationship between MyWeels and Users.
Modification and Termination.
MyWeels reserves the right to modify the Terms and Conditions of this Agreement from time to time, effective upon posting of an updated Agreement through MyWeels’ website or applications. You should carefully review such updated Agreement and your continued use of the MyWeels Platform after such posting of an updated Agreement constitutes your acknowledgement and agreement to such updates.
MyWeels may also, in its sole discretion, terminate this Agreement with you, deny your access to MyWeels Platform or cease offering you MyWeels Services and/or Rideshare Services, at any time for any reason.
Charges.
Your use of Rideshare Services or MyWeels Services may result charges (“Charges”) to you. Charges will include Rideshare Services Fares (“Fares”), tolls, surcharges, taxes, charges for MyWeels Services, and/or other applicable fees, plus any tips to the Drivers that you elect to pay.
MyWeels shall have the right to determine or modify Charges based on the type of service you request, the changes in demand in certain geographical areas, or other related factors. You are responsible for all Charges incurred in your MyWeels account regardless of your awareness of such Charges or the amounts thereof. MyWeels will enable the payment of such Charges using the preferred payment method designated in your MyWeels account and after the payment, you will receive a receipt.
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 (1) the MyWeels Platform or (2) 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”).
Exceptions to Arbitration
Notwithstanding the foregoing, in lieu of arbitration: (1) 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 (2) you agree that you or MyWeels may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Jury Trial & Class Action Waiver
Except as the 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.
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.
413 Wacouta Street Suite 540 Saint Paul MN 55101