Terms

 

JoGlob, LLC

Terms and Conditions of Service

These terms and Conditions of service constitute a legally binding agreement (the “Agreement”) between the undersigned and JoGlob, LLC (“JoGlob” “we,” “us” or “our”) governing and controlling your use of the JoGlob application or program, website, and technology (collectively, the “JoGlob Program”).

PLEASE READ CAREFULLY AS THIS DOCUMENT CONTAINS LEGALLY ENFORCABLE CONDITIONS THAT GOVERN HOW CLAIMS THAT THE UNDERSIGNED AND JoGlob may HAVE AGAINST EACH OTHER CAN BE MADE. THESE PROVISIONS WILL, WITH VERY LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST joglob TO FULL AND FINAL BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED BELOW.

By entering into to this Agreement, you expressly acknowledge that you have read and understand this Agreement (including the dispute resolution and arbitration provisions contained below) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE JOGLOB PROGRAM.

The JoGlob Program

The JoGlob Program provides a mechanism where persons who seek transportation to certain locations (“Passengers” or “Trips”) can be paired with persons driving to or through those locations (“Independent Drivers” or “Drivers”). Independent Drivers and Passengers are collectively referred to herein as “Program User,” and each Program User shall create a Program User account that enables access to the JoGlob Program. For purposes of this Agreement, the driving services provided by Independent Drivers to Passengers that are matched through the Program shall be referred to collectively as the “Services”. Any decision by a Program User to offer or accept Services is a decision made in such Program User’s sole discretion. Each transportation Service provided by an Independent Driver to a Passenger shall constitute a separate agreement between such persons and JoGlob, its officers, directors or employees shall not be deemed to be a party to such agreement.

Modification to the Agreement

In the event JoGlob modifies the terms and conditions of this Agreement, such modifications shall be binding on the undersigned upon the undersigned’s acceptance of the modified Agreement. JoGlob reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting on its website. Continued use of the JoGlob Program after any such changes shall constitute the undersigned’s consent to and acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

Eligibility

The JoGlob Program may only be used by individuals who are legally competent to enter into contracts under applicable law of the State where such contract is made and entered into. The JoGlob Program is not available to minors (persons under the age of 18) or Program Users who have had their Program User account temporarily or permanently deactivated for any reason at the sole discretion of JoGlob. By becoming a Program User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your Program User account, and you agree that you are the sole authorized Program User of your account.

Passenger Charges

As a Passenger, you agree to pay the amounts charged for your use of the JoGlob Program and Services (“Charges”). Charges include all applicable fees, tolls, surcharges, and taxes as set forth on your area’s JoGlob Cities page (website) plus any tips to the Independent Driver that you elect to pay. JoGlob has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s JoGlob page. Pricing may vary based on the type of service you request as described on your area’s JoGlob page. You are responsible for reviewing the applicable JoGlob page and shall be responsible for all Charges incurred under your Program User account regardless of your awareness of such Charges or the amounts thereof.

Fares. There are two types of fares, variable and quoted.

  • Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your trip. For particularly short trips, minimum fares may apply. Please note that we use GPS data from your Independent Driver’s phone to calculate the distance traveled on your trip. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate time and distance using available data from your trip.

  • Quoted Fares. In some cases, JoGlob may quote you a Fare at the time of your request. The quote is subject to change until the Trip request is confirmed. If during your trip you change your destination, make multiple stops, or attempt to abuse the JoGlob Program, we may cancel the fare quote and charge you a variable fare based on the time and distance of your trip. JoGlob does not guarantee that the quoted fare price will be equal to a variable fare for the same Trip.

  • Prime Time. Fares may be subject to a multiplier at times of high demand of the Services (“Prime Time”) as determined by JoGlob. For all trips with a variable fare, we will use reasonable efforts to inform you of any Prime-Time multipliers in effect at the time of your request. For quoted fares we may factor in the Prime-Time multiplier into the quoted price of the trip. Any Prime-Time charges shall be considered part of the Fare.

Fees and Other Charges.

  • Service Fee. JoGlob may assess a per-trip “Service Fee” to support the JoGlob Program and related services provided to you by JoGlob. The amount of the Service Fee may vary but shall be retained by JoGlob in its entirety.

  • Cancellation Fee. After requesting a Trip, you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a Trip. Please check out our Help Center to learn more about JoGlob’s cancellation policy, including applicable fees. Collected cancellation fees will be passed in their entirety to the Independent Driver who had accepted your Trip request.

  • Damage Fee. If an Independent Driver reports that you have damaged the Independent Driver’s vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by JoGlob in its sole discretion), towards vehicle repair or cleaning. JoGlob reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Independent Driver whose car was damaged.

  • Tolls. In some instances, tolls (or return tolls) may apply to your Trip. Please see our Help Center and your market’s JoGlob Cities page for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by JoGlob will match the toll charged to the Independent Driver, if any. The amount of collected tolls (and return tolls) will be passed in their entirety to the Independent Driver who provided your Trip.

  • Other Charges. Other fee and surcharges may apply to your Trip, including: actual or anticipated airport fees, state or local fees, event fees as determined by JoGlob or its marketing partners, and processing fees for split payments. In addition, where required by law JoGlob will collect applicable taxes. These other charges are not shared with your Independent Driver unless expressly stated otherwise. See your market’s JoGlob Cities page for details on other Charges that may apply to your Trip.

  • Tips. Following a Trip, you may elect to tip your Independent Driver in cash or through the JoGlob application. Any tips will be provided entirely to the applicable Independent Driver.

General.

  • Facilitation of Charges. All Charges are facilitated through a third-party payment processing service. JoGlob may add or replace its third-party payment processing services without notice to you. Charges shall only be made through the JoGlob Program. With the exception of tips, cash payments are strictly prohibited.

  • No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the JoGlob Program, any disruption to the JoGlob Program or Services, or any other reason whatsoever.

  • Credits and Trip Discounts. You may receive credits (“JoGlob Credits”) or Trip discounts (“Trip Discounts”) that you can apply toward payment of certain Charges upon completion of a Trip. JoGlob Credits and Trip Discounts are only valid for use on the JoGlob Program, and are not transferable or redeemable for cash except as required by law. JoGlob Credits and Trip Discounts cannot be combined, and if the cost of your Trip exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Trip. Trip Discounts only apply to the Fare, not the Service Fee or other charges. If you split payment for a Trip with another Passenger, your JoGlob Credits or Trip Discount will only apply to your portion of the Charges. Additional restrictions on JoGlob Credits and Trip Discounts may apply as communicated to you in a relevant promotion or by clicking on the relevant JoGlob Credit or Trip Discount within the Payments section of the JoGlob App.

  • Credit Card Authorization. Upon addition of a new payment method or each Trip request, JoGlob may seek authorization of your selected payment method to verify the payment method, ensure the Trip cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.

Payments

If you are an Independent Driver, you will receive payment for your provision of Services. All Fare payments are subject to a JoGlob Commission, discussed below. You will also receive any tips provided by Passenger to you, and tips will not be subject to any JoGlob Commission. JoGlob will process all payments due to you through its third-party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.

  • Commission. In exchange for permitting you to offer your Services through the JoGlob Program and marketplace as an Independent Driver, you agree to pay JoGlob (and permit JoGlob to retain) a fee based on each transaction in which you provide Services (the “Commission”). The amount of the applicable Commission will be communicated to you in a Commission schedule through the Independent Driver portal. JoGlob reserves the right to change the Commission at any time in JoGlob’s discretion based upon local market factors, and JoGlob will provide you with notice in the event of such change. Continued use of the JoGlob Program after any such change in the Commission calculation shall constitute your consent to such change.

  • Pricing. You expressly authorize JoGlob to set the prices on your behalf for all Charges that apply to the provision of Services. JoGlob reserves the right to change the Fare schedule at any time in our discretion based upon local market factors, and we will provide you with notice in the event of changes to the base fare, per mile, and/or per minute amounts that would result in a change in the applicable Fares. Charges may be subject to maximum limits as set forth in your market’s JoGlob Cities page or the JoGlob Help Center.

  • Fare Adjustment. JoGlob reserves the right to adjust or withhold all or a portion of Fares if it believes that (i) you have attempted to defraud or abuse JoGlob or JoGlob’s payment systems, (ii) in order to resolve a Passenger complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Services in the JoGlob application when the Trip was over). JoGlob’s decision to adjust or withhold the Fare in any way shall be exercised in a reasonable manner.

  • Express Pay. If you elect to receive payments through JoGlob’s Express Pay feature (which JoGlob may offer to you in its sole discretion), you acknowledge that you will be charged a fee for this Express Pay service as described by JoGlob prior to confirmation.

JoGlob Communications

By becoming a Program User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from JoGlob, its affiliated companies and/or Independent Drivers, may include but are not limited to: operational communications concerning your Program User account or use of the JoGlob Program or Services, updates concerning new and existing features on the JoGlob Program, communications concerning promotions run by us or our third- party partners, and news concerning JoGlob and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO ?????? FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE JOGLOB PROGRAM OR THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM JOGLOB (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO ??????? FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE JOGLOB PROGRAM OR THE SERVICES.

Your Information

Your Information is any information you provide, publish or post to or through the JoGlob Program (including any profile information you provide) or send to other Program Users (including via in-application feedback, any email feature, or through any JoGlob-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a Program User account that will allow you to use the JoGlob Program and participate in the Services. Our collection and use of personal information in connection with the JoGlob Program and Services is as provided in JoGlob’s Privacy Policy located at www.JoGlob.com/privacy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable JoGlob to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. JoGlob does not assert any ownership over your Information; rather, as between you and JoGlob, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You may be able to create or log-in to your JoGlob Program User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”). By connecting to JoGlob through an SNS Account, you understand that JoGlob may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the JoGlob Program to other Program Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.

Promotions and Referral Programs

JoGlob, at its sole discretion, may make available promotions with different features to any Program Users or prospective Program Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with JoGlob. JoGlob reserves the right to withhold or deduct credits or benefits obtained through a promotion the event that JoGlob determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

As part of your Program User account, JoGlob may provide you with or allow you to create a “JoGlob Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred Program User”) to become new JoGlob Passengers (“Referred Passengers”) or Independent Drivers (“Referred Independent Drivers”). JoGlob Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your JoGlob Code. You are prohibited from advertising JoGlob Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. JoGlob reserves the right to deactivate or invalidate any JoGlob Code at any time in JoGlob’s discretion.

From time to time, JoGlob may offer you with incentives to refer new Program Users to the JoGlob community (the “Referral Program”). These incentives may come in the form of JoGlob Credits, and JoGlob may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of JoGlob Codes and participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.

Restricted Activities

With respect to your use of the JoGlob Program and your participation in the Services, you agree that you will not:

  1. impersonate any person or entity;

  2. stalk, threaten, or otherwise harass any person, or carry any weapons;

  3. violate any law, statute, rule, permit, ordinance or regulation;

  4. interfere with or disrupt the Services or the JoGlob Program or the servers or networks connected to the JoGlob Program;

  5. post Information or interact on the JoGlob Program or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;

  6. use the JoGlob Program in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

  7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

  8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the JoGlob Program;

  9. frame” or “mirror” any part of the JoGlob Program, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or

  10. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the JoGlob Program or any software used on or for the JoGlob Program;

  11. rent, lease, lend, sell, redistribute, license or sublicense the JoGlob Program or access to any portion of the JoGlob Program;

  12. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the JoGlob Program or its contents;

  13. link directly or indirectly to any other web sites;

  14. transfer or sell your Program User account, password and/or identification to any other party

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

  16. cause any third party to engage in the restricted activities above.

Independent Driver Representations, Warranties and Agreements

By providing Services as an Independent Driver on the JoGlob Program, you represent, warrant, and agree that:

  1. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Passengers in all jurisdictions in which you provide Services.

  2. You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.

  3. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as an Independent Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the JoGlob community or third parties.

  4. You will only provide Services using the vehicle that has been reported to, and approved by JoGlob, and for which a photograph has been provided to JoGlob, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).

  5. You will not make any misrepresentation regarding JoGlob, the JoGlob Program, the Services or your status as an Independent Driver.

  6. You will not, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for Trips (except as expressly provided in this Agreement), demand that a Trip pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.

  7. You will not attempt to defraud JoGlob or Passengers on the JoGlob Program or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Fares or other payments for the Trip(s) in question.

  8. You will make reasonable accommodation for Passengers and/or for service animals, as required by law

  9. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

  10. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.

  11. You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.

Intellectual Property

All intellectual property rights in the JoGlob Program shall be owned by JoGlob absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the JoGlob Program are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of JoGlob. JoGlob shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

JOGLOB and other JoGlob logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of JoGlob in the United States and/or other countries (collectively, the “JoGlob Marks”). If you provide Services as a Driver, JoGlob grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the JoGlob Marks solely in connection with providing the Services through the JoGlob Program (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without JoGlob’s prior written permission, which it may withhold in its sole discretion. The JoGlob Marks may not be used in any manner that is likely to cause confusion.

You acknowledge that JoGlob is the owner and licensor of the JoGlob Marks, including all goodwill associated therewith, and that your use of the JoGlob Marks will confer no additional interest in or ownership of the JoGlob Marks in you but rather inures to the benefit of JoGlob. You agree to use the JoGlob Marks strictly in accordance with JoGlob’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that JoGlob determines to nonconforming or otherwise unacceptable.

You agree that you will not: (1) create any materials that incorporate the JoGlob Marks or any derivatives of the JoGlob Marks other than as expressly approved by JoGlob in writing; (2) use the JoGlob Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the JoGlob Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair JoGlob’s rights as owner of the JoGlob Marks or the legality and/or enforceability of the JoGlob Marks, including, without limitation, challenging or opposing JoGlob’s ownership in the JoGlob Marks; (4) apply for trademark registration or renewal of trademark registration of any of the JoGlob Marks, any derivative of the JoGlob Marks, any combination of the JoGlob Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the JoGlob Marks; (5) use the JoGlob Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

Violation of any provision of this License may result in immediate termination of the License, in JoGlob’s sole discretion. If you create any materials bearing the JoGlob Marks (in violation of this Agreement or otherwise), you agree that upon their creation JoGlob exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the JoGlob Marks or derivative works based on the JoGlob Marks. You further agree to assign any interest or right you may have in such materials to JoGlob, and to provide information and execute any documents as reasonably requested by JoGlob to enable JoGlob to formalize such assignment.

JoGlob respects the intellectual property of others, and expects Program Users to do the same. If you believe, in good faith, that any materials on the JoGlob Program or Services infringe upon your copyrights, please visit Copyright Policy page for information on how to make a copyright complaint.

Disclaimers

The following disclaimers are made on behalf of JoGlob, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

JoGlob does not provide transportation services, and JoGlob is not a transportation carrier. It is up to the Independent Driver to decide whether or not to offer services to a Passenger contacted through the JoGlob Program, and it is up to the Passenger to decide whether or not to accept services from any Independent Driver contacted through the JoGlob Program. We cannot ensure that an Independent Driver or Passenger will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.

The JoGlob Program is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the JoGlob Program and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the JoGlob Program or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the JoGlob Program will be corrected, or that the JoGlob Program is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the JoGlob Program or Services.

We cannot guarantee that each Passenger is who he or she claims to be. Please use common sense when using the JoGlob Program and Services, including looking at the photos of the Independent Driver or Passenger you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the JoGlob Program by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Independent Driver or Passenger prior to engaging in an arranged transportation service.

JoGlob is not responsible for the conduct, whether online or offline, of any Program User of the JoGlob Program or Services. You are solely responsible for your interactions with other Program Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Independent Drivers or Passengers. By using the JoGlob Program and participating in the Services, you agree to accept such risks and agree that JoGlob is not responsible for the acts or omissions of Program Users on the JoGlob Program or participating in the Services.

JoGlob expressly disclaims any liability arising from the unauthorized use of your Program User account. Should you suspect that any unauthorized party may be using your Program User account, or you suspect any other breach of security, you agree to notify us and your credit provider immediately.

It is possible for others to obtain information about you that you provide, publish or post to or through the JoGlob Program (including any profile information you provide), send to other Program Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Program Users on the JoGlob Program or through the Services. Please carefully select the type of information that you post on the JoGlob Program or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Program Users (including unauthorized Program Users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning JoGlob or made available through the JoGlob Program, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will JoGlob be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the JoGlob Program or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the JoGlob Program and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Program Users or others.

Location data provided by the JoGlob Program is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither JoGlob, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the JoGlob Program. Any of your Information, including geolocation data, you upload, provide, or post on the JoGlob Program may be accessible to JoGlob and certain Program Users of the JoGlob Program.

JoGlob advises you to use the JoGlob Program with a data plan with unlimited or very high data usage limits, and JoGlob shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the JoGlob Program.

This paragraph applies to any version of the JoGlob Program that you acquire from the Apple App Store. This Agreement is entered into between you and JoGlob. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the JoGlob Program. JoGlob, not Apple, is solely responsible for the JoGlob Program and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End Program User License Agreement, for purposes of which, you are “the end-Program User.” In the event of a conflict in the terms of the Licensed Application End Program User License Agreement and this Agreement, the terms of this Agreement shall control.

State and Local Disclosures

Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.JoGlob.com/terms/disclosures. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.

Indemnity

You will defend, indemnify, and hold JoGlob including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the JoGlob Program and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, without limitation, Independent Drivers, Passengers, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the JoGlob Program or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as an Independent Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Limitation of Liability

IN NO EVENT WILL JOGLOB, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “JOGLOB” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE JOGLOB PROGRAM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE JOGLOB PROGRAM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE JOGLOB PROGRAM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT JOGLOB HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THEIR TERMS. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Term and Termination

This Agreement is effective upon your creation of a Program User account. This Agreement may be terminated: a) by Program User, without cause, upon seven (7) days’ prior written notice to JoGlob; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, JoGlob may terminate this Agreement or deactivate your Program User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below JoGlob’s star rating or cancellation threshold; (3) JoGlob has the good faith belief that such action is necessary to protect the safety of the JoGlob community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to JoGlob’s reasonable satisfaction prior to JoGlob permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to JoGlob’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

(a) Agreement to Binding Arbitration between You and JoGlob.

YOU AND JOGLOB MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with JoGlob ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and JoGlob, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND JOGLOB. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the JoGlob Program, the Services, any other goods or services made available through the JoGlob Program, your relationship with JoGlob, the threatened or actual suspension, deactivation or termination of your Program User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by JoGlob, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by JoGlob and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND JOGLOB ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

(b) Prohibition of Class Actions and Non-Individualized Relief.

YOU UNDERSTAND AND AGREE THAT YOU AND JOGLOB MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND JOGLOB BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST JOGLOB, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

(c) Representative PAGA Waiver.

Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and JoGlob agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and JoGlob agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

(d) Rules Governing the Arbitration.

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event, shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.

As part of the arbitration, both you and JoGlob will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Passengers or Drivers, but is bound by rulings in prior arbitrations involving the same Trip or Driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.

(e) Arbitration Fees and Awards.

The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:

  1. If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection (k) below and are otherwise required to pay a filing fee under the relevant AAA Rules, JoGlob agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to JoGlob, JoGlob will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.

  2. If JoGlob initiates arbitration under this Arbitration Agreement, JoGlob will pay all AAA filing and arbitration fees.

  3. With respect to any Claims brought by JoGlob against a Driver, or for Claims brought by a Driver against JoGlob that: (A) are based on an alleged employment relationship between JoGlob and a Driver; (B) arise out of, or relate to, JoGlob’s actual deactivation of a Driver’s Program User account or a threat by JoGlob to deactivate a Driver’s Program User account; (C) arise out of, or relate to, JoGlob’s actual termination of a Driver’s Agreement with JoGlob under the termination provisions of this Agreement, or a threat by JoGlob to terminate a Driver’s Agreement; or (D) arise out of, or relate to, Fares (as defined in this Agreement, including JoGlob’s commission on the Fares), tips, or average hourly guarantees owed by JoGlob to Drivers for Services, other than disputes relating to referral bonuses, other JoGlob promotions, or consumer-type disputes (the subset of Claims in subsections (A)-(D) shall be collectively referred to as “Driver Claims”), JoGlob shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by JoGlob pursuant to the fee provisions above). However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Services to Passengers, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e) (1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator.

  4. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).

  5. At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.

  6. Although under some laws JoGlob may have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, JoGlob agrees that it will not seek such an award.

  7. If the arbitrator issues you an award that is greater than the value of JoGlob’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then JoGlob will pay you the amount of the award or U.S. $1,000, whichever is greater.

(f) Location and Manner of Arbitration.

Unless you and JoGlob agree otherwise, any arbitration hearings between JoGlob and a Passenger will take place in the county of your billing address, and any arbitration hearings between JoGlob and a Driver will take place in the county in which the Independent Driver provides Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for an AAA arbitration. If your Claim is for $10,000 or less, JoGlob agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

(g) Exceptions to Arbitration.

This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of law.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration, however you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

(h) Severability.

In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

(i) Independent Driver Claims in Pending Settlement.

If you are a member of a putative class in a lawsuit against JoGlob involving Independent Driver Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Driver Claims in that particular class action. Instead, your Driver Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.

(j) Opting Out of Arbitration for Driver Claims That Are Not In a Pending Settlement Action.

As an Independent Driver, you may opt out of the requirement to arbitrate Driver Claims defined in Section 17(e) (3) (except as limited by Section 17(i) above) pursuant to the terms of this subsection. If you do not wish to be subject to this Arbitration Agreement with respect to Driver Claims, you may opt out of arbitration with respect to such Driver Claims, other than those in a Pending Settlement Action, by notifying JoGlob in writing of your desire to opt out of arbitration for such Driver Claims, which writing must be dated, signed and delivered by: (1) electronic mail to arbitrationoptout@JoGlob.com, or (2) by certified mail, postage prepaid and return receipt requested, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) that is addressed to:

JoGlob, Inc. 660 East 250th Street Euclid, Ohio 44132

In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Agreement with respect to Driver Claims that are not part of a Pending Settlement Action, (B) the writing must include the name, phone number, and email address associated with your Program User Account, and (C) the email or envelope containing the signed writing must be sent within 30 days of the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and JoGlob shall be bound by the terms of this Arbitration Agreement in full (including with respect to Driver Claims that are not part of a Pending Settlement Action). As provided in paragraph 17(i) above, any opt out that you submit shall not apply to any Driver Claims that are part of a Pending Settlement Action and your Driver Claims in any such Pending Settlement Action shall continue to be governed by the arbitration provisions that are contained in the applicable JoGlob Terms of Use that you agreed to prior to the effective date of this Agreement.

Cases have been filed against JoGlob and may be filed in the future involving Driver Claims. You should assume that there are now, and may be in the future, lawsuits against JoGlob alleging class, collective, and/or representative Driver Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Driver Claims with JoGlob under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against JoGlob in an individual arbitration provision, except for the Driver Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Driver Claims under this Arbitration Agreement.

(k) Optional Pre-Arbitration Negotiation Process.

Before initiating any arbitration or proceeding, you and JoGlob may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and JoGlob. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to JoGlob’s business, operations and properties, including Program User information (“Confidential Information”) disclosed to you by JoGlob for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of JoGlob in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to JoGlob with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by JoGlob or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of JoGlob; becomes known to you, without restriction, from a source other than JoGlob without breach of this Agreement by you and otherwise not in violation of JoGlob’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to JoGlob to enable JoGlob to seek a protective order or otherwise prevent or restrict such disclosure.

Relationship with JoGlob

As an Independent Driver on the JoGlob Program, you acknowledge and agree that you and JoGlob are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and JoGlob expressly agree expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and JoGlob; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind JoGlob, and you undertake not to hold yourself out as an employee, agent or authorized representative of JoGlob.

JoGlob does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the JoGlob Program. You retain the option to accept or to decline or ignore a Passenger’s request for Services via the JoGlob Program, or to cancel an accepted request for Services via the JoGlob Program, subject to JoGlob’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, JoGlob shall have no right to require you to: (a) display JoGlob’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying JoGlob’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.

Other Services

In addition to connecting Passengers with Independent Drivers, the JoGlob Program may enable Program Users to provide or receive goods or services from other third parties. For example, Program Users may be able to use the JoGlob Program to order a delivery of goods, purchase a digital item, request a carpool Trip from a commuter going in your direction, or when travelling outside of the United States, to connect with local transportation Programs and request Trips from local drivers (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the JoGlob Program, you authorize JoGlob to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that JoGlob is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the JoGlob Program.

General

Except as provided in Section 17, this Agreement shall be governed by the laws of the State of Ohio without regard to choice of law principles. This choice of law provision is only intended to specify the use of Ohio law to interpret this Agreement and is not intended to create any other substantive right to non-Ohio residents to assert claims under Ohio law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by JoGlob, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to JoGlob shall be given by certified mail, postage prepaid and return receipt requested to JoGlob, Inc., 660 East 250th Street Euclid, Ohio 44132. Any notices to you shall be provided to you through the JoGlob Program or given to you via the email address or physical address you provide to JoGlob during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and JoGlob with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If you have any questions regarding the JoGlob Program or Services, please contact our Customer Support Team through our Help Center.

JoGlob Privacy Policy

At JoGlob, we want to connect people through transportation and bring communities together. In this privacy policy, we tell you what information we receive from JoGlob passenger and Independent drivers, and how we use it to connect Passengers with drivers and continue to improve our services. Below, we explain how you can share with other Passengers and drivers in the JoGlob community as part of our mission to bring people together.

Scope of this Privacy Policy

JoGlob (“JoGlob,” “we,” “our,” and/or “us”) values the privacy of individuals who use our application, websites, and related services (collectively, the “JoGlob Program”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from JoGlob Program Users (“Program Users”), comprised of both JoGlob Passengers (“Passengers”) and JoGlob drivers (including Driver applicants) (“Drivers”). Beyond the Privacy Policy, your use of JoGlob is also subject to our Terms of Service (www.JoGlob.com/terms).

Information We Collect

A. Information You Provide to Us

Registration Information. When you sign up for a JoGlob account, you give us your name, email address, and phone number. If you decide to sign up for JoGlob using your Facebook account, we will also get basic information from your Facebook profile like your name, gender, profile photo, and Facebook friends.

Program User Profile Information. When you join the JoGlob community, you can create a JoGlob Profile to share fun facts about yourself, and discover mutual friends and interests. Filling out a profile is optional, and you can share as little or as much as you want. Your name (and for Drivers, Profile photos) is always part of your Profile. Read more below about how you can control who sees your Profile. You can also add a Business Profile to your account, which requires a designated business email address and payment method.

Payment Method. When you add a credit card or payment method to your JoGlob account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.

Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.

Independent Driver Application Information. If you decide to join our JoGlob driver community, in addition to the basic registration information we ask you for your date of birth, physical address, Social Security number, driver’s license information, vehicle information, car insurance information, and in some jurisdictions we may collect additional business license or permitting information. We share this information with our partners who help us by running background checks on Drivers to help protect the JoGlob community.

Payment Information. To make sure Independent Drivers get paid, we keep information about Drivers’ bank routing numbers, tax information, and any other payment information provided by Drivers.

B. Information We Collect When You Use the JoGlob Program

Location Information. JoGlob is all about connecting Independent Drivers and Passengers. To do this, we need to know where you are. When you open JoGlob on your mobile device, we receive your location. We may also collect the precise location of your device when the app is running in the foreground or background. If you label certain locations, such as “home” and “work,” we receive that information, too.

Your location information is necessary for things like matching Passengers with nearby Independent Drivers, determining drop off and pick up locations, and suggesting destinations based on previous trips. Also, if the need ever arises, our Trust & Safety team may use and share location information to help protect the safety of JoGlob Program Users or a member of the public. In addition to the reasons described above, Independent Drivers’ location information and distance travelled is necessary for calculating charges and insurance for JoGlob Trips. If you give us permission through your device settings or JoGlob app, we may collect your location while the app is off to identify promotions or service updates in your area.

Device Information. JoGlob receives information from Program Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens, and, if you register with your Facebook account, your Facebook identifier. We collect mobile sensor data from Independent Drivers’ devices (such as speed, direction, height, acceleration or deceleration) to improve location accuracy and analyze usage patterns.

Usage Information. To help us understand how you use the JoGlob Program and to help us improve it, we automatically receive information about your interactions with the JoGlob Program, like the pages or other content you view, your actions within the JoGlob app, and the dates and times of your visits.

Call and Text Information. We work with a third-party partner to facilitate phone calls and text messages between Passengers and Independent Drivers who have been connected for a Trip. We receive information about these communications including the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages. For security purposes, we may also monitor and/or record the contents of phone calls made on the JoGlob Program, such as those between Passengers and Independent Drivers. You will be given notice that your call may be recorded, and by proceeding you agree to allow JoGlob to monitor and/or record your call.

Program User Feedback. At JoGlob, we want to make sure Program Users are always enjoying great Trips. Passengers and Independent Drivers may rate and review each other at the end of every Trip. We receive information about ratings and reviews and, as we explain below, give Passengers information about Independent Drivers’ ratings and reviews and vice versa.

Address Book Contacts. If you permit JoGlob to access the address book on your device through the permission system used by your mobile Program, we may access and store names and contact information from your address book to facilitate invitations and social interactions that you initiate through our Program and for other purposes described in this privacy policy or at the time of consent or collection.

Information from Cookies and Similar Technologies. We collect information through the use of “cookies”, tracking pixels, and similar technologies to understand how you navigate through the JoGlob Program and interact with JoGlob advertisements, to learn what content is popular, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the JoGlob Program. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of the JoGlob Program.

C. Information We Collect from Third Parties

Third Party Services. If you choose to register for JoGlob or otherwise link your JoGlob account with a third party’s service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services.

Third Party Partners. We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party partners and combine it with other information that we have about you.

Enterprise Programs. If your company, university, or organization participates in one of our enterprise programs such as JoGlob for Work, we may receive information about you, such as your email address, from your participating organization. We also may give your participating organization the opportunity to request a Trip on your behalf, in which case they may provide us with your name, phone number, and the pickup and drop off location for your Trip.

Background Information on Drivers. JoGlob works with third party partners to perform driving record and criminal background checks on Drivers, and we receive information from them such as publicly available information about a Driver’s driving record or criminal history.

How We Use the Information We Collect

We use the information we collect from all Program Users to:

  • Connect Passengers with Drivers;

  • Provide, improve, expand, and promote the JoGlob Program;

  • Analyze how the JoGlob community uses the JoGlob Program;

  • Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;

  • Personalize the JoGlob experience for you and your friends and contacts;

  • Send you text messages and push notifications;

  • Facilitate transactions and payments;

  • Provide you with customer support;

  • Find and prevent fraud; and

  • Respond to trust and safety issues that may arise, including auto incidents, disputes between Passengers and Drivers, and requests from government authorities.

Additionally, we use the information we collect from Independent Drivers for the following purposes related to driving on the JoGlob Program:

  • Sending emails and text messages to Drivers who have started the driver application process regarding the status of their application;

  • Determining an Independent Driver’s eligibility to drive for JoGlob

  • Notifying Drivers about Trip demand, pricing and service updates; and

  • Calculating and providing JoGlob’s auto insurance policy and analyzing usage patterns for safety and insurance purposes.

How We Share the Information We Collect

A. Sharing Between Program Users

Sharing between Passengers and Independent Drivers. Passengers and Independent Drivers that have been matched for a Trip are able to see basic information about each other, such as names, photo, ratings, and any information they have added to their Profiles. Passengers and Independent Drivers who connect their JoGlob accounts to Facebook will also be able to see their mutual Facebook friends during the Trip. Independent Drivers see the pick-up location that the Trip has provided. Passengers see an Independent Driver’s vehicle information and real-time location as the Independent Driver approaches the pick-up location. Passengers’ ratings of Independent Driver are shared with Independent Driver on a weekly basis. We de-identify the ratings and feedback, but we can’t rule out that a driver may be able to identify the Trip that provided the rating or feedback.

Although we help Passengers and Independent Driver communicate with one another to arrange a pickup, we do not share your actual phone number or other contact information with other Program Users. If you report a lost or found item to us, we will seek to connect you with the relevant Trip or Independent Driver, including sharing actual contact information with your permission.

Sharing between JoGlob Line Passengers. If you use JoGlob Line, Passengers who have been matched with you will be able to see your name, photo and any information you have added to your Profile. If you connect your JoGlob account to Facebook (such as by signing up through Facebook), we may show your mutual friends with other Passengers who are also connected via Facebook. During the JoGlob Line matching process we may show photos of possible matches to you and other Passengers.

B. Sharing Between JoGlob and Third Parties

API and Integration Partners. If you connect to the JoGlob Program through an integration with a third-party service, we may share information about your use of the JoGlob Program with that third party. We may share your information with our third-party partners in order to receive additional information about you. We may also share your information with third party partners to create offers that may be of interest to you.

Third Party Services. The JoGlob Program may allow you to connect with other websites, products, or services that we don’t have control over (for example, we may give you the ability to order a food delivery from a restaurant from within the JoGlob app). If you use these services, we will provide the third party with information about you to allow them to provide the service to you (for example, we would give the restaurant your name, phone number and address to drop off the food). We can’t speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.

Service Providers. We work with third party service providers to perform services on our behalf, and we may share your information with such service providers to help us provide the JoGlob Program, including all of the things described in Section 3 above.

Enterprise Partners. If you participate in an enterprise program and charge a Trip to your organization’s billing method or credits, we will provide your organization’s account holder with information about your use of the JoGlob Program, including Trip details such as date, time, charge, and pick up and drop off locations. If you create a Business Profile, at the end of each Trip you will have the option to designate the Trip as a business Trip. If you do so, and your organization has a corporate account with JoGlob, we may share information about your use of JoGlob Program with your organization including Trip details such as date, time, charge, and region of the trip. If you change organizations, it is your responsibility to update your Business Profile with the new information. (Please remember to check and set your designation settings accordingly.) If you integrate your account with an expense Program (like Concur) we will share the Trip details to your expense account.

International Partners. We’ve partnered with several Trip-sharing services around the globe, so Passengers can continue to find Trips when they open the JoGlob app abroad, and Independent Driver can provide services to international travelers in the U.S. When we match a Trip with the partner, we share the same information that is shared between matched Passengers and Independent Driver on the JoGlob Program. In some cases, we are unable to mask your phone number if you call an international driver, so please keep that in mind before using this feature.

Other Sharing. We may share your information with third parties in the following cases:

  • While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets;

  • If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process;

  • With law enforcement officials, government authorities, or third parties if we think doing so is necessary to protect the rights, property, or safety of the JoGlob community, JoGlob, or the public (you can read more about this in our Law Enforcement Request policy);

  • To comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures.

  • If you signed up for a promotion with another Program User’s referral or promotion code, with your referrer to let them know about your redemption of or qualification for the promotion;

  • With our insurance partners to help determine and provide relevant coverage in the event of an incident;

  • To provide information about the use of the JoGlob Program to potential business partners in aggregated or de-identified form that can’t reasonably be used to identify you; and

  • Whenever you consent to the sharing.

Your Choices

Email Subscriptions. You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your account use of the JoGlob Program.

Text Messages. You can opt out of receiving commercial or promotional text messages by texting the word END to XXXXX from the mobile device receiving the messages. You may also opt out of receiving all texts from JoGlob (including transactional or relational messages) by texting the word STOPALL to XXXXX from the mobile device receiving the messages, however, opting out of receiving all texts may impact your use of the JoGlob Program. Drivers can also opt out of driver-specific messages by texting STOP in response to a driver SMS. To re-enable texts, you can text START in response to an unsubscribe confirmation SMS.

Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the JoGlob Program (such as receiving a notification that your Trip has arrived).

Profile Information. While your name will always be shared with Independent Driver and fellow JoGlob Line Passengers, you can delete any additional information that you added to your Profile at any time if you don’t want Independent Driver and JoGlob Line Passengers to see it. Passengers will always be able to see Independent Driver’ names, rating, profile photos, and vehicle information.

Location Information. While you can prevent your device from sharing location information at any time through your Device’s operating system settings, Trip and Independent Driver location is core to the JoGlob Program and without it we can’t provide our services to you.

Facebook Friends. You can control whether to enable or disable the Facebook mutual friends feature through your profile settings.

Editing and Accessing Your Information. You can review and edit certain account information by logging in to your account settings and profile (Drivers may edit additional information through the Driver portal). If would like to terminate your JoGlob account, please contact us through our Help Center with your request. If you choose to terminate your account, we will deactivate it for you but may retain information from your account for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy for accounts that are not closed. We also may retain information from your account to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the JoGlob Program, assist with any investigations, prevent fraud, enforce our Terms of Service, or take other actions as required or permitted by law.

Other

Data Security. We are committed to protecting the data of the JoGlob community. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.

Children’s Privacy. JoGlob is not directed to children, and we don’t knowingly collect personal information from children under 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 13 has given us personal information, please contact us at our Help Center.

Changes to Our Privacy Policy. We may make changes to this Privacy Policy from time to time. If we make any material changes, we will let you know through the JoGlob Program, by email, or other communication. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices. As long as you use the JoGlob Program, you are agreeing to this Privacy Policy and any updates we make to it.

Contact Information. Feel free to contact us at any time with any questions or comments about this Privacy Policy, your personal information, our use and sharing practices, or your consent choices by contacting our Help Center.

 

JoGlob, LLC

Terms and Conditions of Service

These terms and Conditions of service constitute a legally binding agreement (the “Agreement”) between the undersigned and JoGlob, LLC (“JoGlob” “we,” “us” or “our”) governing and controlling your use of the JoGlob application or program, website, and technology (collectively, the “JoGlob Program”).

PLEASE READ CAREFULLY AS THIS DOCUMENT CONTAINS LEGALLY ENFORCABLE CONDITIONS THAT GOVERN HOW CLAIMS THAT THE UNDERSIGNED AND JoGlob may HAVE AGAINST EACH OTHER CAN BE MADE. THESE PROVISIONS WILL, WITH VERY LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST joglob TO FULL AND FINAL BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED BELOW.

By entering into to this Agreement, you expressly acknowledge that you have read and understand this Agreement (including the dispute resolution and arbitration provisions contained below) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE JOGLOB PROGRAM.

The JoGlob Program

The JoGlob Program provides a mechanism where persons who seek transportation to certain locations (“Passengers” or “Trips”) can be paired with persons driving to or through those locations (“Independent Drivers” or “Drivers”). Independent Drivers and Passengers are collectively referred to herein as “Program User,” and each Program User shall create a Program User account that enables access to the JoGlob Program. For purposes of this Agreement, the driving services provided by Independent Drivers to Passengers that are matched through the Program shall be referred to collectively as the “Services”. Any decision by a Program User to offer or accept Services is a decision made in such Program User’s sole discretion. Each transportation Service provided by an Independent Driver to a Passenger shall constitute a separate agreement between such persons and JoGlob, its officers, directors or employees shall not be deemed to be a party to such agreement.

Modification to the Agreement

In the event JoGlob modifies the terms and conditions of this Agreement, such modifications shall be binding on the undersigned upon the undersigned’s acceptance of the modified Agreement. JoGlob reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting on its website. Continued use of the JoGlob Program after any such changes shall constitute the undersigned’s consent to and acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

Eligibility

The JoGlob Program may only be used by individuals who are legally competent to enter into contracts under applicable law of the State where such contract is made and entered into. The JoGlob Program is not available to minors (persons under the age of 18) or Program Users who have had their Program User account temporarily or permanently deactivated for any reason at the sole discretion of JoGlob. By becoming a Program User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your Program User account, and you agree that you are the sole authorized Program User of your account.

Passenger Charges

As a Passenger, you agree to pay the amounts charged for your use of the JoGlob Program and Services (“Charges”). Charges include all applicable fees, tolls, surcharges, and taxes as set forth on your area’s JoGlob Cities page (website) plus any tips to the Independent Driver that you elect to pay. JoGlob has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s JoGlob page. Pricing may vary based on the type of service you request as described on your area’s JoGlob page. You are responsible for reviewing the applicable JoGlob page and shall be responsible for all Charges incurred under your Program User account regardless of your awareness of such Charges or the amounts thereof.

Fares. There are two types of fares, variable and quoted.

  • Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your trip. For particularly short trips, minimum fares may apply. Please note that we use GPS data from your Independent Driver’s phone to calculate the distance traveled on your trip. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate time and distance using available data from your trip.

  • Quoted Fares. In some cases, JoGlob may quote you a Fare at the time of your request. The quote is subject to change until the Trip request is confirmed. If during your trip you change your destination, make multiple stops, or attempt to abuse the JoGlob Program, we may cancel the fare quote and charge you a variable fare based on the time and distance of your trip. JoGlob does not guarantee that the quoted fare price will be equal to a variable fare for the same Trip.

  • Prime Time. Fares may be subject to a multiplier at times of high demand of the Services (“Prime Time”) as determined by JoGlob. For all trips with a variable fare, we will use reasonable efforts to inform you of any Prime-Time multipliers in effect at the time of your request. For quoted fares we may factor in the Prime-Time multiplier into the quoted price of the trip. Any Prime-Time charges shall be considered part of the Fare.

Fees and Other Charges.

  • Service Fee. JoGlob may assess a per-trip “Service Fee” to support the JoGlob Program and related services provided to you by JoGlob. The amount of the Service Fee may vary but shall be retained by JoGlob in its entirety.

  • Cancellation Fee. After requesting a Trip, you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a Trip. Please check out our Help Center to learn more about JoGlob’s cancellation policy, including applicable fees. Collected cancellation fees will be passed in their entirety to the Independent Driver who had accepted your Trip request.

  • Damage Fee. If an Independent Driver reports that you have damaged the Independent Driver’s vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by JoGlob in its sole discretion), towards vehicle repair or cleaning. JoGlob reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Independent Driver whose car was damaged.

  • Tolls. In some instances, tolls (or return tolls) may apply to your Trip. Please see our Help Center and your market’s JoGlob Cities page for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by JoGlob will match the toll charged to the Independent Driver, if any. The amount of collected tolls (and return tolls) will be passed in their entirety to the Independent Driver who provided your Trip.

  • Other Charges. Other fee and surcharges may apply to your Trip, including: actual or anticipated airport fees, state or local fees, event fees as determined by JoGlob or its marketing partners, and processing fees for split payments. In addition, where required by law JoGlob will collect applicable taxes. These other charges are not shared with your Independent Driver unless expressly stated otherwise. See your market’s JoGlob Cities page for details on other Charges that may apply to your Trip.

  • Tips. Following a Trip, you may elect to tip your Independent Driver in cash or through the JoGlob application. Any tips will be provided entirely to the applicable Independent Driver.

General.

  • Facilitation of Charges. All Charges are facilitated through a third-party payment processing service. JoGlob may add or replace its third-party payment processing services without notice to you. Charges shall only be made through the JoGlob Program. With the exception of tips, cash payments are strictly prohibited.

  • No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the JoGlob Program, any disruption to the JoGlob Program or Services, or any other reason whatsoever.

  • Credits and Trip Discounts. You may receive credits (“JoGlob Credits”) or Trip discounts (“Trip Discounts”) that you can apply toward payment of certain Charges upon completion of a Trip. JoGlob Credits and Trip Discounts are only valid for use on the JoGlob Program, and are not transferable or redeemable for cash except as required by law. JoGlob Credits and Trip Discounts cannot be combined, and if the cost of your Trip exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Trip. Trip Discounts only apply to the Fare, not the Service Fee or other charges. If you split payment for a Trip with another Passenger, your JoGlob Credits or Trip Discount will only apply to your portion of the Charges. Additional restrictions on JoGlob Credits and Trip Discounts may apply as communicated to you in a relevant promotion or by clicking on the relevant JoGlob Credit or Trip Discount within the Payments section of the JoGlob App.

  • Credit Card Authorization. Upon addition of a new payment method or each Trip request, JoGlob may seek authorization of your selected payment method to verify the payment method, ensure the Trip cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.

Payments

If you are an Independent Driver, you will receive payment for your provision of Services. All Fare payments are subject to a JoGlob Commission, discussed below. You will also receive any tips provided by Passenger to you, and tips will not be subject to any JoGlob Commission. JoGlob will process all payments due to you through its third-party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.

  • Commission. In exchange for permitting you to offer your Services through the JoGlob Program and marketplace as an Independent Driver, you agree to pay JoGlob (and permit JoGlob to retain) a fee based on each transaction in which you provide Services (the “Commission”). The amount of the applicable Commission will be communicated to you in a Commission schedule through the Independent Driver portal. JoGlob reserves the right to change the Commission at any time in JoGlob’s discretion based upon local market factors, and JoGlob will provide you with notice in the event of such change. Continued use of the JoGlob Program after any such change in the Commission calculation shall constitute your consent to such change.

  • Pricing. You expressly authorize JoGlob to set the prices on your behalf for all Charges that apply to the provision of Services. JoGlob reserves the right to change the Fare schedule at any time in our discretion based upon local market factors, and we will provide you with notice in the event of changes to the base fare, per mile, and/or per minute amounts that would result in a change in the applicable Fares. Charges may be subject to maximum limits as set forth in your market’s JoGlob Cities page or the JoGlob Help Center.

  • Fare Adjustment. JoGlob reserves the right to adjust or withhold all or a portion of Fares if it believes that (i) you have attempted to defraud or abuse JoGlob or JoGlob’s payment systems, (ii) in order to resolve a Passenger complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Services in the JoGlob application when the Trip was over). JoGlob’s decision to adjust or withhold the Fare in any way shall be exercised in a reasonable manner.

  • Express Pay. If you elect to receive payments through JoGlob’s Express Pay feature (which JoGlob may offer to you in its sole discretion), you acknowledge that you will be charged a fee for this Express Pay service as described by JoGlob prior to confirmation.

JoGlob Communications

By becoming a Program User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from JoGlob, its affiliated companies and/or Independent Drivers, may include but are not limited to: operational communications concerning your Program User account or use of the JoGlob Program or Services, updates concerning new and existing features on the JoGlob Program, communications concerning promotions run by us or our third- party partners, and news concerning JoGlob and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO ?????? FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE JOGLOB PROGRAM OR THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM JOGLOB (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO ??????? FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE JOGLOB PROGRAM OR THE SERVICES.

Your Information

Your Information is any information you provide, publish or post to or through the JoGlob Program (including any profile information you provide) or send to other Program Users (including via in-application feedback, any email feature, or through any JoGlob-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a Program User account that will allow you to use the JoGlob Program and participate in the Services. Our collection and use of personal information in connection with the JoGlob Program and Services is as provided in JoGlob’s Privacy Policy located at www.JoGlob.com/privacy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable JoGlob to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. JoGlob does not assert any ownership over your Information; rather, as between you and JoGlob, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You may be able to create or log-in to your JoGlob Program User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”). By connecting to JoGlob through an SNS Account, you understand that JoGlob may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the JoGlob Program to other Program Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.

Promotions and Referral Programs

JoGlob, at its sole discretion, may make available promotions with different features to any Program Users or prospective Program Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with JoGlob. JoGlob reserves the right to withhold or deduct credits or benefits obtained through a promotion the event that JoGlob determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

As part of your Program User account, JoGlob may provide you with or allow you to create a “JoGlob Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred Program User”) to become new JoGlob Passengers (“Referred Passengers”) or Independent Drivers (“Referred Independent Drivers”). JoGlob Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your JoGlob Code. You are prohibited from advertising JoGlob Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. JoGlob reserves the right to deactivate or invalidate any JoGlob Code at any time in JoGlob’s discretion.

From time to time, JoGlob may offer you with incentives to refer new Program Users to the JoGlob community (the “Referral Program”). These incentives may come in the form of JoGlob Credits, and JoGlob may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of JoGlob Codes and participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.

Restricted Activities

With respect to your use of the JoGlob Program and your participation in the Services, you agree that you will not:

  1. impersonate any person or entity;

  2. stalk, threaten, or otherwise harass any person, or carry any weapons;

  3. violate any law, statute, rule, permit, ordinance or regulation;

  4. interfere with or disrupt the Services or the JoGlob Program or the servers or networks connected to the JoGlob Program;

  5. post Information or interact on the JoGlob Program or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;

  6. use the JoGlob Program in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

  7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

  8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the JoGlob Program;

  9. frame” or “mirror” any part of the JoGlob Program, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or

  10. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the JoGlob Program or any software used on or for the JoGlob Program;

  11. rent, lease, lend, sell, redistribute, license or sublicense the JoGlob Program or access to any portion of the JoGlob Program;

  12. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the JoGlob Program or its contents;

  13. link directly or indirectly to any other web sites;

  14. transfer or sell your Program User account, password and/or identification to any other party

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

  16. cause any third party to engage in the restricted activities above.

Independent Driver Representations, Warranties and Agreements

By providing Services as an Independent Driver on the JoGlob Program, you represent, warrant, and agree that:

  1. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Passengers in all jurisdictions in which you provide Services.

  2. You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.

  3. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as an Independent Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the JoGlob community or third parties.

  4. You will only provide Services using the vehicle that has been reported to, and approved by JoGlob, and for which a photograph has been provided to JoGlob, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).

  5. You will not make any misrepresentation regarding JoGlob, the JoGlob Program, the Services or your status as an Independent Driver.

  6. You will not, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for Trips (except as expressly provided in this Agreement), demand that a Trip pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.

  7. You will not attempt to defraud JoGlob or Passengers on the JoGlob Program or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Fares or other payments for the Trip(s) in question.

  8. You will make reasonable accommodation for Passengers and/or for service animals, as required by law

  9. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

  10. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.

  11. You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.

Intellectual Property

All intellectual property rights in the JoGlob Program shall be owned by JoGlob absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the JoGlob Program are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of JoGlob. JoGlob shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

JOGLOB and other JoGlob logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of JoGlob in the United States and/or other countries (collectively, the “JoGlob Marks”). If you provide Services as a Driver, JoGlob grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the JoGlob Marks solely in connection with providing the Services through the JoGlob Program (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without JoGlob’s prior written permission, which it may withhold in its sole discretion. The JoGlob Marks may not be used in any manner that is likely to cause confusion.

You acknowledge that JoGlob is the owner and licensor of the JoGlob Marks, including all goodwill associated therewith, and that your use of the JoGlob Marks will confer no additional interest in or ownership of the JoGlob Marks in you but rather inures to the benefit of JoGlob. You agree to use the JoGlob Marks strictly in accordance with JoGlob’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that JoGlob determines to nonconforming or otherwise unacceptable.

You agree that you will not: (1) create any materials that incorporate the JoGlob Marks or any derivatives of the JoGlob Marks other than as expressly approved by JoGlob in writing; (2) use the JoGlob Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the JoGlob Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair JoGlob’s rights as owner of the JoGlob Marks or the legality and/or enforceability of the JoGlob Marks, including, without limitation, challenging or opposing JoGlob’s ownership in the JoGlob Marks; (4) apply for trademark registration or renewal of trademark registration of any of the JoGlob Marks, any derivative of the JoGlob Marks, any combination of the JoGlob Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the JoGlob Marks; (5) use the JoGlob Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

Violation of any provision of this License may result in immediate termination of the License, in JoGlob’s sole discretion. If you create any materials bearing the JoGlob Marks (in violation of this Agreement or otherwise), you agree that upon their creation JoGlob exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the JoGlob Marks or derivative works based on the JoGlob Marks. You further agree to assign any interest or right you may have in such materials to JoGlob, and to provide information and execute any documents as reasonably requested by JoGlob to enable JoGlob to formalize such assignment.

JoGlob respects the intellectual property of others, and expects Program Users to do the same. If you believe, in good faith, that any materials on the JoGlob Program or Services infringe upon your copyrights, please visit Copyright Policy page for information on how to make a copyright complaint.

Disclaimers

The following disclaimers are made on behalf of JoGlob, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

JoGlob does not provide transportation services, and JoGlob is not a transportation carrier. It is up to the Independent Driver to decide whether or not to offer services to a Passenger contacted through the JoGlob Program, and it is up to the Passenger to decide whether or not to accept services from any Independent Driver contacted through the JoGlob Program. We cannot ensure that an Independent Driver or Passenger will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.

The JoGlob Program is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the JoGlob Program and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the JoGlob Program or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the JoGlob Program will be corrected, or that the JoGlob Program is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the JoGlob Program or Services.

We cannot guarantee that each Passenger is who he or she claims to be. Please use common sense when using the JoGlob Program and Services, including looking at the photos of the Independent Driver or Passenger you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the JoGlob Program by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Independent Driver or Passenger prior to engaging in an arranged transportation service.

JoGlob is not responsible for the conduct, whether online or offline, of any Program User of the JoGlob Program or Services. You are solely responsible for your interactions with other Program Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Independent Drivers or Passengers. By using the JoGlob Program and participating in the Services, you agree to accept such risks and agree that JoGlob is not responsible for the acts or omissions of Program Users on the JoGlob Program or participating in the Services.

JoGlob expressly disclaims any liability arising from the unauthorized use of your Program User account. Should you suspect that any unauthorized party may be using your Program User account, or you suspect any other breach of security, you agree to notify us and your credit provider immediately.

It is possible for others to obtain information about you that you provide, publish or post to or through the JoGlob Program (including any profile information you provide), send to other Program Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Program Users on the JoGlob Program or through the Services. Please carefully select the type of information that you post on the JoGlob Program or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Program Users (including unauthorized Program Users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning JoGlob or made available through the JoGlob Program, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will JoGlob be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the JoGlob Program or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the JoGlob Program and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Program Users or others.

Location data provided by the JoGlob Program is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither JoGlob, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the JoGlob Program. Any of your Information, including geolocation data, you upload, provide, or post on the JoGlob Program may be accessible to JoGlob and certain Program Users of the JoGlob Program.

JoGlob advises you to use the JoGlob Program with a data plan with unlimited or very high data usage limits, and JoGlob shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the JoGlob Program.

This paragraph applies to any version of the JoGlob Program that you acquire from the Apple App Store. This Agreement is entered into between you and JoGlob. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the JoGlob Program. JoGlob, not Apple, is solely responsible for the JoGlob Program and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End Program User License Agreement, for purposes of which, you are “the end-Program User.” In the event of a conflict in the terms of the Licensed Application End Program User License Agreement and this Agreement, the terms of this Agreement shall control.

State and Local Disclosures

Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.JoGlob.com/terms/disclosures. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.

Indemnity

You will defend, indemnify, and hold JoGlob including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the JoGlob Program and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, without limitation, Independent Drivers, Passengers, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the JoGlob Program or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as an Independent Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Limitation of Liability

IN NO EVENT WILL JOGLOB, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “JOGLOB” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE JOGLOB PROGRAM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE JOGLOB PROGRAM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE JOGLOB PROGRAM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT JOGLOB HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THEIR TERMS. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Term and Termination

This Agreement is effective upon your creation of a Program User account. This Agreement may be terminated: a) by Program User, without cause, upon seven (7) days’ prior written notice to JoGlob; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, JoGlob may terminate this Agreement or deactivate your Program User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below JoGlob’s star rating or cancellation threshold; (3) JoGlob has the good faith belief that such action is necessary to protect the safety of the JoGlob community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to JoGlob’s reasonable satisfaction prior to JoGlob permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to JoGlob’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

(a) Agreement to Binding Arbitration between You and JoGlob.

YOU AND JOGLOB MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with JoGlob ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and JoGlob, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND JOGLOB. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the JoGlob Program, the Services, any other goods or services made available through the JoGlob Program, your relationship with JoGlob, the threatened or actual suspension, deactivation or termination of your Program User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by JoGlob, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by JoGlob and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND JOGLOB ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

(b) Prohibition of Class Actions and Non-Individualized Relief.

YOU UNDERSTAND AND AGREE THAT YOU AND JOGLOB MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND JOGLOB BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST JOGLOB, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

(c) Representative PAGA Waiver.

Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and JoGlob agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and JoGlob agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

(d) Rules Governing the Arbitration.

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event, shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.

As part of the arbitration, both you and JoGlob will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Passengers or Drivers, but is bound by rulings in prior arbitrations involving the same Trip or Driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.

(e) Arbitration Fees and Awards.

The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:

  1. If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection (k) below and are otherwise required to pay a filing fee under the relevant AAA Rules, JoGlob agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to JoGlob, JoGlob will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.

  2. If JoGlob initiates arbitration under this Arbitration Agreement, JoGlob will pay all AAA filing and arbitration fees.

  3. With respect to any Claims brought by JoGlob against a Driver, or for Claims brought by a Driver against JoGlob that: (A) are based on an alleged employment relationship between JoGlob and a Driver; (B) arise out of, or relate to, JoGlob’s actual deactivation of a Driver’s Program User account or a threat by JoGlob to deactivate a Driver’s Program User account; (C) arise out of, or relate to, JoGlob’s actual termination of a Driver’s Agreement with JoGlob under the termination provisions of this Agreement, or a threat by JoGlob to terminate a Driver’s Agreement; or (D) arise out of, or relate to, Fares (as defined in this Agreement, including JoGlob’s commission on the Fares), tips, or average hourly guarantees owed by JoGlob to Drivers for Services, other than disputes relating to referral bonuses, other JoGlob promotions, or consumer-type disputes (the subset of Claims in subsections (A)-(D) shall be collectively referred to as “Driver Claims”), JoGlob shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by JoGlob pursuant to the fee provisions above). However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Services to Passengers, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e) (1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator.

  4. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).

  5. At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.

  6. Although under some laws JoGlob may have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, JoGlob agrees that it will not seek such an award.

  7. If the arbitrator issues you an award that is greater than the value of JoGlob’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then JoGlob will pay you the amount of the award or U.S. $1,000, whichever is greater.

(f) Location and Manner of Arbitration.

Unless you and JoGlob agree otherwise, any arbitration hearings between JoGlob and a Passenger will take place in the county of your billing address, and any arbitration hearings between JoGlob and a Driver will take place in the county in which the Independent Driver provides Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for an AAA arbitration. If your Claim is for $10,000 or less, JoGlob agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

(g) Exceptions to Arbitration.

This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of law.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration, however you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

(h) Severability.

In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

(i) Independent Driver Claims in Pending Settlement.

If you are a member of a putative class in a lawsuit against JoGlob involving Independent Driver Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Driver Claims in that particular class action. Instead, your Driver Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.

(j) Opting Out of Arbitration for Driver Claims That Are Not In a Pending Settlement Action.

As an Independent Driver, you may opt out of the requirement to arbitrate Driver Claims defined in Section 17(e) (3) (except as limited by Section 17(i) above) pursuant to the terms of this subsection. If you do not wish to be subject to this Arbitration Agreement with respect to Driver Claims, you may opt out of arbitration with respect to such Driver Claims, other than those in a Pending Settlement Action, by notifying JoGlob in writing of your desire to opt out of arbitration for such Driver Claims, which writing must be dated, signed and delivered by: (1) electronic mail to arbitrationoptout@JoGlob.com, or (2) by certified mail, postage prepaid and return receipt requested, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) that is addressed to:

JoGlob, Inc. 660 East 250th Street Euclid, Ohio 44132

In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Agreement with respect to Driver Claims that are not part of a Pending Settlement Action, (B) the writing must include the name, phone number, and email address associated with your Program User Account, and (C) the email or envelope containing the signed writing must be sent within 30 days of the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and JoGlob shall be bound by the terms of this Arbitration Agreement in full (including with respect to Driver Claims that are not part of a Pending Settlement Action). As provided in paragraph 17(i) above, any opt out that you submit shall not apply to any Driver Claims that are part of a Pending Settlement Action and your Driver Claims in any such Pending Settlement Action shall continue to be governed by the arbitration provisions that are contained in the applicable JoGlob Terms of Use that you agreed to prior to the effective date of this Agreement.

Cases have been filed against JoGlob and may be filed in the future involving Driver Claims. You should assume that there are now, and may be in the future, lawsuits against JoGlob alleging class, collective, and/or representative Driver Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Driver Claims with JoGlob under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against JoGlob in an individual arbitration provision, except for the Driver Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Driver Claims under this Arbitration Agreement.

(k) Optional Pre-Arbitration Negotiation Process.

Before initiating any arbitration or proceeding, you and JoGlob may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and JoGlob. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to JoGlob’s business, operations and properties, including Program User information (“Confidential Information”) disclosed to you by JoGlob for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of JoGlob in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to JoGlob with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by JoGlob or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of JoGlob; becomes known to you, without restriction, from a source other than JoGlob without breach of this Agreement by you and otherwise not in violation of JoGlob’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to JoGlob to enable JoGlob to seek a protective order or otherwise prevent or restrict such disclosure.

Relationship with JoGlob

As an Independent Driver on the JoGlob Program, you acknowledge and agree that you and JoGlob are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and JoGlob expressly agree expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and JoGlob; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind JoGlob, and you undertake not to hold yourself out as an employee, agent or authorized representative of JoGlob.

JoGlob does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the JoGlob Program. You retain the option to accept or to decline or ignore a Passenger’s request for Services via the JoGlob Program, or to cancel an accepted request for Services via the JoGlob Program, subject to JoGlob’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, JoGlob shall have no right to require you to: (a) display JoGlob’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying JoGlob’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.

Other Services

In addition to connecting Passengers with Independent Drivers, the JoGlob Program may enable Program Users to provide or receive goods or services from other third parties. For example, Program Users may be able to use the JoGlob Program to order a delivery of goods, purchase a digital item, request a carpool Trip from a commuter going in your direction, or when travelling outside of the United States, to connect with local transportation Programs and request Trips from local drivers (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the JoGlob Program, you authorize JoGlob to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that JoGlob is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the JoGlob Program.

General

Except as provided in Section 17, this Agreement shall be governed by the laws of the State of Ohio without regard to choice of law principles. This choice of law provision is only intended to specify the use of Ohio law to interpret this Agreement and is not intended to create any other substantive right to non-Ohio residents to assert claims under Ohio law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by JoGlob, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to JoGlob shall be given by certified mail, postage prepaid and return receipt requested to JoGlob, Inc., 660 East 250th Street Euclid, Ohio 44132. Any notices to you shall be provided to you through the JoGlob Program or given to you via the email address or physical address you provide to JoGlob during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and JoGlob with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If you have any questions regarding the JoGlob Program or Services, please contact our Customer Support Team through our Help Center.

JoGlob Privacy Policy

At JoGlob, we want to connect people through transportation and bring communities together. In this privacy policy, we tell you what information we receive from JoGlob passenger and Independent drivers, and how we use it to connect Passengers with drivers and continue to improve our services. Below, we explain how you can share with other Passengers and drivers in the JoGlob community as part of our mission to bring people together.

Scope of this Privacy Policy

JoGlob (“JoGlob,” “we,” “our,” and/or “us”) values the privacy of individuals who use our application, websites, and related services (collectively, the “JoGlob Program”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from JoGlob Program Users (“Program Users”), comprised of both JoGlob Passengers (“Passengers”) and JoGlob drivers (including Driver applicants) (“Drivers”). Beyond the Privacy Policy, your use of JoGlob is also subject to our Terms of Service (www.JoGlob.com/terms).

Information We Collect

A. Information You Provide to Us

Registration Information. When you sign up for a JoGlob account, you give us your name, email address, and phone number. If you decide to sign up for JoGlob using your Facebook account, we will also get basic information from your Facebook profile like your name, gender, profile photo, and Facebook friends.

Program User Profile Information. When you join the JoGlob community, you can create a JoGlob Profile to share fun facts about yourself, and discover mutual friends and interests. Filling out a profile is optional, and you can share as little or as much as you want. Your name (and for Drivers, Profile photos) is always part of your Profile. Read more below about how you can control who sees your Profile. You can also add a Business Profile to your account, which requires a designated business email address and payment method.

Payment Method. When you add a credit card or payment method to your JoGlob account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.

Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.

Independent Driver Application Information. If you decide to join our JoGlob driver community, in addition to the basic registration information we ask you for your date of birth, physical address, Social Security number, driver’s license information, vehicle information, car insurance information, and in some jurisdictions we may collect additional business license or permitting information. We share this information with our partners who help us by running background checks on Drivers to help protect the JoGlob community.

Payment Information. To make sure Independent Drivers get paid, we keep information about Drivers’ bank routing numbers, tax information, and any other payment information provided by Drivers.

B. Information We Collect When You Use the JoGlob Program

Location Information. JoGlob is all about connecting Independent Drivers and Passengers. To do this, we need to know where you are. When you open JoGlob on your mobile device, we receive your location. We may also collect the precise location of your device when the app is running in the foreground or background. If you label certain locations, such as “home” and “work,” we receive that information, too.

Your location information is necessary for things like matching Passengers with nearby Independent Drivers, determining drop off and pick up locations, and suggesting destinations based on previous trips. Also, if the need ever arises, our Trust & Safety team may use and share location information to help protect the safety of JoGlob Program Users or a member of the public. In addition to the reasons described above, Independent Drivers’ location information and distance travelled is necessary for calculating charges and insurance for JoGlob Trips. If you give us permission through your device settings or JoGlob app, we may collect your location while the app is off to identify promotions or service updates in your area.

Device Information. JoGlob receives information from Program Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens, and, if you register with your Facebook account, your Facebook identifier. We collect mobile sensor data from Independent Drivers’ devices (such as speed, direction, height, acceleration or deceleration) to improve location accuracy and analyze usage patterns.

Usage Information. To help us understand how you use the JoGlob Program and to help us improve it, we automatically receive information about your interactions with the JoGlob Program, like the pages or other content you view, your actions within the JoGlob app, and the dates and times of your visits.

Call and Text Information. We work with a third-party partner to facilitate phone calls and text messages between Passengers and Independent Drivers who have been connected for a Trip. We receive information about these communications including the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages. For security purposes, we may also monitor and/or record the contents of phone calls made on the JoGlob Program, such as those between Passengers and Independent Drivers. You will be given notice that your call may be recorded, and by proceeding you agree to allow JoGlob to monitor and/or record your call.

Program User Feedback. At JoGlob, we want to make sure Program Users are always enjoying great Trips. Passengers and Independent Drivers may rate and review each other at the end of every Trip. We receive information about ratings and reviews and, as we explain below, give Passengers information about Independent Drivers’ ratings and reviews and vice versa.

Address Book Contacts. If you permit JoGlob to access the address book on your device through the permission system used by your mobile Program, we may access and store names and contact information from your address book to facilitate invitations and social interactions that you initiate through our Program and for other purposes described in this privacy policy or at the time of consent or collection.

Information from Cookies and Similar Technologies. We collect information through the use of “cookies”, tracking pixels, and similar technologies to understand how you navigate through the JoGlob Program and interact with JoGlob advertisements, to learn what content is popular, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the JoGlob Program. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of the JoGlob Program.

C. Information We Collect from Third Parties

Third Party Services. If you choose to register for JoGlob or otherwise link your JoGlob account with a third party’s service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services.

Third Party Partners. We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party partners and combine it with other information that we have about you.

Enterprise Programs. If your company, university, or organization participates in one of our enterprise programs such as JoGlob for Work, we may receive information about you, such as your email address, from your participating organization. We also may give your participating organization the opportunity to request a Trip on your behalf, in which case they may provide us with your name, phone number, and the pickup and drop off location for your Trip.

Background Information on Drivers. JoGlob works with third party partners to perform driving record and criminal background checks on Drivers, and we receive information from them such as publicly available information about a Driver’s driving record or criminal history.

How We Use the Information We Collect

We use the information we collect from all Program Users to:

  • Connect Passengers with Drivers;

  • Provide, improve, expand, and promote the JoGlob Program;

  • Analyze how the JoGlob community uses the JoGlob Program;

  • Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;

  • Personalize the JoGlob experience for you and your friends and contacts;

  • Send you text messages and push notifications;

  • Facilitate transactions and payments;

  • Provide you with customer support;

  • Find and prevent fraud; and

  • Respond to trust and safety issues that may arise, including auto incidents, disputes between Passengers and Drivers, and requests from government authorities.

Additionally, we use the information we collect from Independent Drivers for the following purposes related to driving on the JoGlob Program:

  • Sending emails and text messages to Drivers who have started the driver application process regarding the status of their application;

  • Determining an Independent Driver’s eligibility to drive for JoGlob

  • Notifying Drivers about Trip demand, pricing and service updates; and

  • Calculating and providing JoGlob’s auto insurance policy and analyzing usage patterns for safety and insurance purposes.

How We Share the Information We Collect

A. Sharing Between Program Users

Sharing between Passengers and Independent Drivers. Passengers and Independent Drivers that have been matched for a Trip are able to see basic information about each other, such as names, photo, ratings, and any information they have added to their Profiles. Passengers and Independent Drivers who connect their JoGlob accounts to Facebook will also be able to see their mutual Facebook friends during the Trip. Independent Drivers see the pick-up location that the Trip has provided. Passengers see an Independent Driver’s vehicle information and real-time location as the Independent Driver approaches the pick-up location. Passengers’ ratings of Independent Driver are shared with Independent Driver on a weekly basis. We de-identify the ratings and feedback, but we can’t rule out that a driver may be able to identify the Trip that provided the rating or feedback.

Although we help Passengers and Independent Driver communicate with one another to arrange a pickup, we do not share your actual phone number or other contact information with other Program Users. If you report a lost or found item to us, we will seek to connect you with the relevant Trip or Independent Driver, including sharing actual contact information with your permission.

Sharing between JoGlob Line Passengers. If you use JoGlob Line, Passengers who have been matched with you will be able to see your name, photo and any information you have added to your Profile. If you connect your JoGlob account to Facebook (such as by signing up through Facebook), we may show your mutual friends with other Passengers who are also connected via Facebook. During the JoGlob Line matching process we may show photos of possible matches to you and other Passengers.

B. Sharing Between JoGlob and Third Parties

API and Integration Partners. If you connect to the JoGlob Program through an integration with a third-party service, we may share information about your use of the JoGlob Program with that third party. We may share your information with our third-party partners in order to receive additional information about you. We may also share your information with third party partners to create offers that may be of interest to you.

Third Party Services. The JoGlob Program may allow you to connect with other websites, products, or services that we don’t have control over (for example, we may give you the ability to order a food delivery from a restaurant from within the JoGlob app). If you use these services, we will provide the third party with information about you to allow them to provide the service to you (for example, we would give the restaurant your name, phone number and address to drop off the food). We can’t speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.

Service Providers. We work with third party service providers to perform services on our behalf, and we may share your information with such service providers to help us provide the JoGlob Program, including all of the things described in Section 3 above.

Enterprise Partners. If you participate in an enterprise program and charge a Trip to your organization’s billing method or credits, we will provide your organization’s account holder with information about your use of the JoGlob Program, including Trip details such as date, time, charge, and pick up and drop off locations. If you create a Business Profile, at the end of each Trip you will have the option to designate the Trip as a business Trip. If you do so, and your organization has a corporate account with JoGlob, we may share information about your use of JoGlob Program with your organization including Trip details such as date, time, charge, and region of the trip. If you change organizations, it is your responsibility to update your Business Profile with the new information. (Please remember to check and set your designation settings accordingly.) If you integrate your account with an expense Program (like Concur) we will share the Trip details to your expense account.

International Partners. We’ve partnered with several Trip-sharing services around the globe, so Passengers can continue to find Trips when they open the JoGlob app abroad, and Independent Driver can provide services to international travelers in the U.S. When we match a Trip with the partner, we share the same information that is shared between matched Passengers and Independent Driver on the JoGlob Program. In some cases, we are unable to mask your phone number if you call an international driver, so please keep that in mind before using this feature.

Other Sharing. We may share your information with third parties in the following cases:

  • While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets;

  • If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process;

  • With law enforcement officials, government authorities, or third parties if we think doing so is necessary to protect the rights, property, or safety of the JoGlob community, JoGlob, or the public (you can read more about this in our Law Enforcement Request policy);

  • To comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures.

  • If you signed up for a promotion with another Program User’s referral or promotion code, with your referrer to let them know about your redemption of or qualification for the promotion;

  • With our insurance partners to help determine and provide relevant coverage in the event of an incident;

  • To provide information about the use of the JoGlob Program to potential business partners in aggregated or de-identified form that can’t reasonably be used to identify you; and

  • Whenever you consent to the sharing.

Your Choices

Email Subscriptions. You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your account use of the JoGlob Program.

Text Messages. You can opt out of receiving commercial or promotional text messages by texting the word END to XXXXX from the mobile device receiving the messages. You may also opt out of receiving all texts from JoGlob (including transactional or relational messages) by texting the word STOPALL to XXXXX from the mobile device receiving the messages, however, opting out of receiving all texts may impact your use of the JoGlob Program. Drivers can also opt out of driver-specific messages by texting STOP in response to a driver SMS. To re-enable texts, you can text START in response to an unsubscribe confirmation SMS.

Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the JoGlob Program (such as receiving a notification that your Trip has arrived).

Profile Information. While your name will always be shared with Independent Driver and fellow JoGlob Line Passengers, you can delete any additional information that you added to your Profile at any time if you don’t want Independent Driver and JoGlob Line Passengers to see it. Passengers will always be able to see Independent Driver’ names, rating, profile photos, and vehicle information.

Location Information. While you can prevent your device from sharing location information at any time through your Device’s operating system settings, Trip and Independent Driver location is core to the JoGlob Program and without it we can’t provide our services to you.

Facebook Friends. You can control whether to enable or disable the Facebook mutual friends feature through your profile settings.

Editing and Accessing Your Information. You can review and edit certain account information by logging in to your account settings and profile (Drivers may edit additional information through the Driver portal). If would like to terminate your JoGlob account, please contact us through our Help Center with your request. If you choose to terminate your account, we will deactivate it for you but may retain information from your account for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy for accounts that are not closed. We also may retain information from your account to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the JoGlob Program, assist with any investigations, prevent fraud, enforce our Terms of Service, or take other actions as required or permitted by law.

Other

Data Security. We are committed to protecting the data of the JoGlob community. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.

Children’s Privacy. JoGlob is not directed to children, and we don’t knowingly collect personal information from children under 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 13 has given us personal information, please contact us at our Help Center.

Changes to Our Privacy Policy. We may make changes to this Privacy Policy from time to time. If we make any material changes, we will let you know through the JoGlob Program, by email, or other communication. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices. As long as you use the JoGlob Program, you are agreeing to this Privacy Policy and any updates we make to it.

Contact Information. Feel free to contact us at any time with any questions or comments about this Privacy Policy, your personal information, our use and sharing practices, or your consent choices by contacting our Help Center.

 

JoGlob, LLC

Terms and Conditions of Service

These terms and Conditions of service constitute a legally binding agreement (the “Agreement”) between the undersigned and JoGlob, LLC (“JoGlob” “we,” “us” or “our”) governing and controlling your use of the JoGlob application or program, website, and technology (collectively, the “JoGlob Program”).

PLEASE READ CAREFULLY AS THIS DOCUMENT CONTAINS LEGALLY ENFORCABLE CONDITIONS THAT GOVERN HOW CLAIMS THAT THE UNDERSIGNED AND JoGlob may HAVE AGAINST EACH OTHER CAN BE MADE. THESE PROVISIONS WILL, WITH VERY LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST joglob TO FULL AND FINAL BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED BELOW.

By entering into to this Agreement, you expressly acknowledge that you have read and understand this Agreement (including the dispute resolution and arbitration provisions contained below) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE JOGLOB PROGRAM.

The JoGlob Program

The JoGlob Program provides a mechanism where persons who seek transportation to certain locations (“Passengers” or “Trips”) can be paired with persons driving to or through those locations (“Independent Drivers” or “Drivers”). Independent Drivers and Passengers are collectively referred to herein as “Program User,” and each Program User shall create a Program User account that enables access to the JoGlob Program. For purposes of this Agreement, the driving services provided by Independent Drivers to Passengers that are matched through the Program shall be referred to collectively as the “Services”. Any decision by a Program User to offer or accept Services is a decision made in such Program User’s sole discretion. Each transportation Service provided by an Independent Driver to a Passenger shall constitute a separate agreement between such persons and JoGlob, its officers, directors or employees shall not be deemed to be a party to such agreement.

Modification to the Agreement

In the event JoGlob modifies the terms and conditions of this Agreement, such modifications shall be binding on the undersigned upon the undersigned’s acceptance of the modified Agreement. JoGlob reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting on its website. Continued use of the JoGlob Program after any such changes shall constitute the undersigned’s consent to and acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

Eligibility

The JoGlob Program may only be used by individuals who are legally competent to enter into contracts under applicable law of the State where such contract is made and entered into. The JoGlob Program is not available to minors (persons under the age of 18) or Program Users who have had their Program User account temporarily or permanently deactivated for any reason at the sole discretion of JoGlob. By becoming a Program User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your Program User account, and you agree that you are the sole authorized Program User of your account.

Passenger Charges

As a Passenger, you agree to pay the amounts charged for your use of the JoGlob Program and Services (“Charges”). Charges include all applicable fees, tolls, surcharges, and taxes as set forth on your area’s JoGlob Cities page (website) plus any tips to the Independent Driver that you elect to pay. JoGlob has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s JoGlob page. Pricing may vary based on the type of service you request as described on your area’s JoGlob page. You are responsible for reviewing the applicable JoGlob page and shall be responsible for all Charges incurred under your Program User account regardless of your awareness of such Charges or the amounts thereof.

Fares. There are two types of fares, variable and quoted.

  • Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your trip. For particularly short trips, minimum fares may apply. Please note that we use GPS data from your Independent Driver’s phone to calculate the distance traveled on your trip. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate time and distance using available data from your trip.

  • Quoted Fares. In some cases, JoGlob may quote you a Fare at the time of your request. The quote is subject to change until the Trip request is confirmed. If during your trip you change your destination, make multiple stops, or attempt to abuse the JoGlob Program, we may cancel the fare quote and charge you a variable fare based on the time and distance of your trip. JoGlob does not guarantee that the quoted fare price will be equal to a variable fare for the same Trip.

  • Prime Time. Fares may be subject to a multiplier at times of high demand of the Services (“Prime Time”) as determined by JoGlob. For all trips with a variable fare, we will use reasonable efforts to inform you of any Prime-Time multipliers in effect at the time of your request. For quoted fares we may factor in the Prime-Time multiplier into the quoted price of the trip. Any Prime-Time charges shall be considered part of the Fare.

Fees and Other Charges.

  • Service Fee. JoGlob may assess a per-trip “Service Fee” to support the JoGlob Program and related services provided to you by JoGlob. The amount of the Service Fee may vary but shall be retained by JoGlob in its entirety.

  • Cancellation Fee. After requesting a Trip, you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a Trip. Please check out our Help Center to learn more about JoGlob’s cancellation policy, including applicable fees. Collected cancellation fees will be passed in their entirety to the Independent Driver who had accepted your Trip request.

  • Damage Fee. If an Independent Driver reports that you have damaged the Independent Driver’s vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by JoGlob in its sole discretion), towards vehicle repair or cleaning. JoGlob reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Independent Driver whose car was damaged.

  • Tolls. In some instances, tolls (or return tolls) may apply to your Trip. Please see our Help Center and your market’s JoGlob Cities page for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by JoGlob will match the toll charged to the Independent Driver, if any. The amount of collected tolls (and return tolls) will be passed in their entirety to the Independent Driver who provided your Trip.

  • Other Charges. Other fee and surcharges may apply to your Trip, including: actual or anticipated airport fees, state or local fees, event fees as determined by JoGlob or its marketing partners, and processing fees for split payments. In addition, where required by law JoGlob will collect applicable taxes. These other charges are not shared with your Independent Driver unless expressly stated otherwise. See your market’s JoGlob Cities page for details on other Charges that may apply to your Trip.

  • Tips. Following a Trip, you may elect to tip your Independent Driver in cash or through the JoGlob application. Any tips will be provided entirely to the applicable Independent Driver.

General.

  • Facilitation of Charges. All Charges are facilitated through a third-party payment processing service. JoGlob may add or replace its third-party payment processing services without notice to you. Charges shall only be made through the JoGlob Program. With the exception of tips, cash payments are strictly prohibited.

  • No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the JoGlob Program, any disruption to the JoGlob Program or Services, or any other reason whatsoever.

  • Credits and Trip Discounts. You may receive credits (“JoGlob Credits”) or Trip discounts (“Trip Discounts”) that you can apply toward payment of certain Charges upon completion of a Trip. JoGlob Credits and Trip Discounts are only valid for use on the JoGlob Program, and are not transferable or redeemable for cash except as required by law. JoGlob Credits and Trip Discounts cannot be combined, and if the cost of your Trip exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Trip. Trip Discounts only apply to the Fare, not the Service Fee or other charges. If you split payment for a Trip with another Passenger, your JoGlob Credits or Trip Discount will only apply to your portion of the Charges. Additional restrictions on JoGlob Credits and Trip Discounts may apply as communicated to you in a relevant promotion or by clicking on the relevant JoGlob Credit or Trip Discount within the Payments section of the JoGlob App.

  • Credit Card Authorization. Upon addition of a new payment method or each Trip request, JoGlob may seek authorization of your selected payment method to verify the payment method, ensure the Trip cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.

Payments

If you are an Independent Driver, you will receive payment for your provision of Services. All Fare payments are subject to a JoGlob Commission, discussed below. You will also receive any tips provided by Passenger to you, and tips will not be subject to any JoGlob Commission. JoGlob will process all payments due to you through its third-party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.

  • Commission. In exchange for permitting you to offer your Services through the JoGlob Program and marketplace as an Independent Driver, you agree to pay JoGlob (and permit JoGlob to retain) a fee based on each transaction in which you provide Services (the “Commission”). The amount of the applicable Commission will be communicated to you in a Commission schedule through the Independent Driver portal. JoGlob reserves the right to change the Commission at any time in JoGlob’s discretion based upon local market factors, and JoGlob will provide you with notice in the event of such change. Continued use of the JoGlob Program after any such change in the Commission calculation shall constitute your consent to such change.

  • Pricing. You expressly authorize JoGlob to set the prices on your behalf for all Charges that apply to the provision of Services. JoGlob reserves the right to change the Fare schedule at any time in our discretion based upon local market factors, and we will provide you with notice in the event of changes to the base fare, per mile, and/or per minute amounts that would result in a change in the applicable Fares. Charges may be subject to maximum limits as set forth in your market’s JoGlob Cities page or the JoGlob Help Center.

  • Fare Adjustment. JoGlob reserves the right to adjust or withhold all or a portion of Fares if it believes that (i) you have attempted to defraud or abuse JoGlob or JoGlob’s payment systems, (ii) in order to resolve a Passenger complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Services in the JoGlob application when the Trip was over). JoGlob’s decision to adjust or withhold the Fare in any way shall be exercised in a reasonable manner.

  • Express Pay. If you elect to receive payments through JoGlob’s Express Pay feature (which JoGlob may offer to you in its sole discretion), you acknowledge that you will be charged a fee for this Express Pay service as described by JoGlob prior to confirmation.

JoGlob Communications

By becoming a Program User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from JoGlob, its affiliated companies and/or Independent Drivers, may include but are not limited to: operational communications concerning your Program User account or use of the JoGlob Program or Services, updates concerning new and existing features on the JoGlob Program, communications concerning promotions run by us or our third- party partners, and news concerning JoGlob and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO ?????? FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE JOGLOB PROGRAM OR THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM JOGLOB (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO ??????? FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE JOGLOB PROGRAM OR THE SERVICES.

Your Information

Your Information is any information you provide, publish or post to or through the JoGlob Program (including any profile information you provide) or send to other Program Users (including via in-application feedback, any email feature, or through any JoGlob-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a Program User account that will allow you to use the JoGlob Program and participate in the Services. Our collection and use of personal information in connection with the JoGlob Program and Services is as provided in JoGlob’s Privacy Policy located at www.JoGlob.com/privacy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable JoGlob to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. JoGlob does not assert any ownership over your Information; rather, as between you and JoGlob, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You may be able to create or log-in to your JoGlob Program User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”). By connecting to JoGlob through an SNS Account, you understand that JoGlob may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the JoGlob Program to other Program Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.

Promotions and Referral Programs

JoGlob, at its sole discretion, may make available promotions with different features to any Program Users or prospective Program Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with JoGlob. JoGlob reserves the right to withhold or deduct credits or benefits obtained through a promotion the event that JoGlob determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

As part of your Program User account, JoGlob may provide you with or allow you to create a “JoGlob Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred Program User”) to become new JoGlob Passengers (“Referred Passengers”) or Independent Drivers (“Referred Independent Drivers”). JoGlob Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your JoGlob Code. You are prohibited from advertising JoGlob Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. JoGlob reserves the right to deactivate or invalidate any JoGlob Code at any time in JoGlob’s discretion.

From time to time, JoGlob may offer you with incentives to refer new Program Users to the JoGlob community (the “Referral Program”). These incentives may come in the form of JoGlob Credits, and JoGlob may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of JoGlob Codes and participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.

Restricted Activities

With respect to your use of the JoGlob Program and your participation in the Services, you agree that you will not:

  1. impersonate any person or entity;

  2. stalk, threaten, or otherwise harass any person, or carry any weapons;

  3. violate any law, statute, rule, permit, ordinance or regulation;

  4. interfere with or disrupt the Services or the JoGlob Program or the servers or networks connected to the JoGlob Program;

  5. post Information or interact on the JoGlob Program or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;

  6. use the JoGlob Program in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

  7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

  8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the JoGlob Program;

  9. frame” or “mirror” any part of the JoGlob Program, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or

  10. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the JoGlob Program or any software used on or for the JoGlob Program;

  11. rent, lease, lend, sell, redistribute, license or sublicense the JoGlob Program or access to any portion of the JoGlob Program;

  12. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the JoGlob Program or its contents;

  13. link directly or indirectly to any other web sites;

  14. transfer or sell your Program User account, password and/or identification to any other party

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

  16. cause any third party to engage in the restricted activities above.

Independent Driver Representations, Warranties and Agreements

By providing Services as an Independent Driver on the JoGlob Program, you represent, warrant, and agree that:

  1. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Passengers in all jurisdictions in which you provide Services.

  2. You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.

  3. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as an Independent Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the JoGlob community or third parties.

  4. You will only provide Services using the vehicle that has been reported to, and approved by JoGlob, and for which a photograph has been provided to JoGlob, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).

  5. You will not make any misrepresentation regarding JoGlob, the JoGlob Program, the Services or your status as an Independent Driver.

  6. You will not, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for Trips (except as expressly provided in this Agreement), demand that a Trip pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.

  7. You will not attempt to defraud JoGlob or Passengers on the JoGlob Program or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Fares or other payments for the Trip(s) in question.

  8. You will make reasonable accommodation for Passengers and/or for service animals, as required by law

  9. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

  10. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.

  11. You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.

Intellectual Property

All intellectual property rights in the JoGlob Program shall be owned by JoGlob absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the JoGlob Program are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of JoGlob. JoGlob shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

JOGLOB and other JoGlob logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of JoGlob in the United States and/or other countries (collectively, the “JoGlob Marks”). If you provide Services as a Driver, JoGlob grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the JoGlob Marks solely in connection with providing the Services through the JoGlob Program (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without JoGlob’s prior written permission, which it may withhold in its sole discretion. The JoGlob Marks may not be used in any manner that is likely to cause confusion.

You acknowledge that JoGlob is the owner and licensor of the JoGlob Marks, including all goodwill associated therewith, and that your use of the JoGlob Marks will confer no additional interest in or ownership of the JoGlob Marks in you but rather inures to the benefit of JoGlob. You agree to use the JoGlob Marks strictly in accordance with JoGlob’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that JoGlob determines to nonconforming or otherwise unacceptable.

You agree that you will not: (1) create any materials that incorporate the JoGlob Marks or any derivatives of the JoGlob Marks other than as expressly approved by JoGlob in writing; (2) use the JoGlob Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the JoGlob Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair JoGlob’s rights as owner of the JoGlob Marks or the legality and/or enforceability of the JoGlob Marks, including, without limitation, challenging or opposing JoGlob’s ownership in the JoGlob Marks; (4) apply for trademark registration or renewal of trademark registration of any of the JoGlob Marks, any derivative of the JoGlob Marks, any combination of the JoGlob Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the JoGlob Marks; (5) use the JoGlob Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

Violation of any provision of this License may result in immediate termination of the License, in JoGlob’s sole discretion. If you create any materials bearing the JoGlob Marks (in violation of this Agreement or otherwise), you agree that upon their creation JoGlob exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the JoGlob Marks or derivative works based on the JoGlob Marks. You further agree to assign any interest or right you may have in such materials to JoGlob, and to provide information and execute any documents as reasonably requested by JoGlob to enable JoGlob to formalize such assignment.

JoGlob respects the intellectual property of others, and expects Program Users to do the same. If you believe, in good faith, that any materials on the JoGlob Program or Services infringe upon your copyrights, please visit Copyright Policy page for information on how to make a copyright complaint.

Disclaimers

The following disclaimers are made on behalf of JoGlob, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

JoGlob does not provide transportation services, and JoGlob is not a transportation carrier. It is up to the Independent Driver to decide whether or not to offer services to a Passenger contacted through the JoGlob Program, and it is up to the Passenger to decide whether or not to accept services from any Independent Driver contacted through the JoGlob Program. We cannot ensure that an Independent Driver or Passenger will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.

The JoGlob Program is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the JoGlob Program and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the JoGlob Program or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the JoGlob Program will be corrected, or that the JoGlob Program is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the JoGlob Program or Services.

We cannot guarantee that each Passenger is who he or she claims to be. Please use common sense when using the JoGlob Program and Services, including looking at the photos of the Independent Driver or Passenger you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the JoGlob Program by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Independent Driver or Passenger prior to engaging in an arranged transportation service.

JoGlob is not responsible for the conduct, whether online or offline, of any Program User of the JoGlob Program or Services. You are solely responsible for your interactions with other Program Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Independent Drivers or Passengers. By using the JoGlob Program and participating in the Services, you agree to accept such risks and agree that JoGlob is not responsible for the acts or omissions of Program Users on the JoGlob Program or participating in the Services.

JoGlob expressly disclaims any liability arising from the unauthorized use of your Program User account. Should you suspect that any unauthorized party may be using your Program User account, or you suspect any other breach of security, you agree to notify us and your credit provider immediately.

It is possible for others to obtain information about you that you provide, publish or post to or through the JoGlob Program (including any profile information you provide), send to other Program Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Program Users on the JoGlob Program or through the Services. Please carefully select the type of information that you post on the JoGlob Program or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Program Users (including unauthorized Program Users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning JoGlob or made available through the JoGlob Program, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will JoGlob be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the JoGlob Program or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the JoGlob Program and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Program Users or others.

Location data provided by the JoGlob Program is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither JoGlob, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the JoGlob Program. Any of your Information, including geolocation data, you upload, provide, or post on the JoGlob Program may be accessible to JoGlob and certain Program Users of the JoGlob Program.

JoGlob advises you to use the JoGlob Program with a data plan with unlimited or very high data usage limits, and JoGlob shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the JoGlob Program.

This paragraph applies to any version of the JoGlob Program that you acquire from the Apple App Store. This Agreement is entered into between you and JoGlob. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the JoGlob Program. JoGlob, not Apple, is solely responsible for the JoGlob Program and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End Program User License Agreement, for purposes of which, you are “the end-Program User.” In the event of a conflict in the terms of the Licensed Application End Program User License Agreement and this Agreement, the terms of this Agreement shall control.

State and Local Disclosures

Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.JoGlob.com/terms/disclosures. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.

Indemnity

You will defend, indemnify, and hold JoGlob including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the JoGlob Program and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, without limitation, Independent Drivers, Passengers, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the JoGlob Program or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as an Independent Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Limitation of Liability

IN NO EVENT WILL JOGLOB, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “JOGLOB” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE JOGLOB PROGRAM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE JOGLOB PROGRAM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE JOGLOB PROGRAM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT JOGLOB HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THEIR TERMS. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Term and Termination

This Agreement is effective upon your creation of a Program User account. This Agreement may be terminated: a) by Program User, without cause, upon seven (7) days’ prior written notice to JoGlob; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, JoGlob may terminate this Agreement or deactivate your Program User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below JoGlob’s star rating or cancellation threshold; (3) JoGlob has the good faith belief that such action is necessary to protect the safety of the JoGlob community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to JoGlob’s reasonable satisfaction prior to JoGlob permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to JoGlob’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

(a) Agreement to Binding Arbitration between You and JoGlob.

YOU AND JOGLOB MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with JoGlob ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and JoGlob, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND JOGLOB. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the JoGlob Program, the Services, any other goods or services made available through the JoGlob Program, your relationship with JoGlob, the threatened or actual suspension, deactivation or termination of your Program User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by JoGlob, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by JoGlob and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND JOGLOB ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

(b) Prohibition of Class Actions and Non-Individualized Relief.

YOU UNDERSTAND AND AGREE THAT YOU AND JOGLOB MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND JOGLOB BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST JOGLOB, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

(c) Representative PAGA Waiver.

Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and JoGlob agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and JoGlob agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

(d) Rules Governing the Arbitration.

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event, shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.

As part of the arbitration, both you and JoGlob will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Passengers or Drivers, but is bound by rulings in prior arbitrations involving the same Trip or Driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.

(e) Arbitration Fees and Awards.

The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:

  1. If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection (k) below and are otherwise required to pay a filing fee under the relevant AAA Rules, JoGlob agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to JoGlob, JoGlob will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.

  2. If JoGlob initiates arbitration under this Arbitration Agreement, JoGlob will pay all AAA filing and arbitration fees.

  3. With respect to any Claims brought by JoGlob against a Driver, or for Claims brought by a Driver against JoGlob that: (A) are based on an alleged employment relationship between JoGlob and a Driver; (B) arise out of, or relate to, JoGlob’s actual deactivation of a Driver’s Program User account or a threat by JoGlob to deactivate a Driver’s Program User account; (C) arise out of, or relate to, JoGlob’s actual termination of a Driver’s Agreement with JoGlob under the termination provisions of this Agreement, or a threat by JoGlob to terminate a Driver’s Agreement; or (D) arise out of, or relate to, Fares (as defined in this Agreement, including JoGlob’s commission on the Fares), tips, or average hourly guarantees owed by JoGlob to Drivers for Services, other than disputes relating to referral bonuses, other JoGlob promotions, or consumer-type disputes (the subset of Claims in subsections (A)-(D) shall be collectively referred to as “Driver Claims”), JoGlob shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by JoGlob pursuant to the fee provisions above). However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Services to Passengers, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e) (1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator.

  4. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).

  5. At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.

  6. Although under some laws JoGlob may have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, JoGlob agrees that it will not seek such an award.

  7. If the arbitrator issues you an award that is greater than the value of JoGlob’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then JoGlob will pay you the amount of the award or U.S. $1,000, whichever is greater.

(f) Location and Manner of Arbitration.

Unless you and JoGlob agree otherwise, any arbitration hearings between JoGlob and a Passenger will take place in the county of your billing address, and any arbitration hearings between JoGlob and a Driver will take place in the county in which the Independent Driver provides Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for an AAA arbitration. If your Claim is for $10,000 or less, JoGlob agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

(g) Exceptions to Arbitration.

This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of law.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration, however you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

(h) Severability.

In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

(i) Independent Driver Claims in Pending Settlement.

If you are a member of a putative class in a lawsuit against JoGlob involving Independent Driver Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Driver Claims in that particular class action. Instead, your Driver Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.

(j) Opting Out of Arbitration for Driver Claims That Are Not In a Pending Settlement Action.

As an Independent Driver, you may opt out of the requirement to arbitrate Driver Claims defined in Section 17(e) (3) (except as limited by Section 17(i) above) pursuant to the terms of this subsection. If you do not wish to be subject to this Arbitration Agreement with respect to Driver Claims, you may opt out of arbitration with respect to such Driver Claims, other than those in a Pending Settlement Action, by notifying JoGlob in writing of your desire to opt out of arbitration for such Driver Claims, which writing must be dated, signed and delivered by: (1) electronic mail to arbitrationoptout@JoGlob.com, or (2) by certified mail, postage prepaid and return receipt requested, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) that is addressed to:

JoGlob, Inc. 660 East 250th Street Euclid, Ohio 44132

In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Agreement with respect to Driver Claims that are not part of a Pending Settlement Action, (B) the writing must include the name, phone number, and email address associated with your Program User Account, and (C) the email or envelope containing the signed writing must be sent within 30 days of the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and JoGlob shall be bound by the terms of this Arbitration Agreement in full (including with respect to Driver Claims that are not part of a Pending Settlement Action). As provided in paragraph 17(i) above, any opt out that you submit shall not apply to any Driver Claims that are part of a Pending Settlement Action and your Driver Claims in any such Pending Settlement Action shall continue to be governed by the arbitration provisions that are contained in the applicable JoGlob Terms of Use that you agreed to prior to the effective date of this Agreement.

Cases have been filed against JoGlob and may be filed in the future involving Driver Claims. You should assume that there are now, and may be in the future, lawsuits against JoGlob alleging class, collective, and/or representative Driver Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Driver Claims with JoGlob under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against JoGlob in an individual arbitration provision, except for the Driver Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Driver Claims under this Arbitration Agreement.

(k) Optional Pre-Arbitration Negotiation Process.

Before initiating any arbitration or proceeding, you and JoGlob may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and JoGlob. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to JoGlob’s business, operations and properties, including Program User information (“Confidential Information”) disclosed to you by JoGlob for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of JoGlob in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to JoGlob with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by JoGlob or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of JoGlob; becomes known to you, without restriction, from a source other than JoGlob without breach of this Agreement by you and otherwise not in violation of JoGlob’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to JoGlob to enable JoGlob to seek a protective order or otherwise prevent or restrict such disclosure.

Relationship with JoGlob

As an Independent Driver on the JoGlob Program, you acknowledge and agree that you and JoGlob are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and JoGlob expressly agree expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and JoGlob; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind JoGlob, and you undertake not to hold yourself out as an employee, agent or authorized representative of JoGlob.

JoGlob does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the JoGlob Program. You retain the option to accept or to decline or ignore a Passenger’s request for Services via the JoGlob Program, or to cancel an accepted request for Services via the JoGlob Program, subject to JoGlob’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, JoGlob shall have no right to require you to: (a) display JoGlob’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying JoGlob’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.

Other Services

In addition to connecting Passengers with Independent Drivers, the JoGlob Program may enable Program Users to provide or receive goods or services from other third parties. For example, Program Users may be able to use the JoGlob Program to order a delivery of goods, purchase a digital item, request a carpool Trip from a commuter going in your direction, or when travelling outside of the United States, to connect with local transportation Programs and request Trips from local drivers (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the JoGlob Program, you authorize JoGlob to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that JoGlob is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the JoGlob Program.

General

Except as provided in Section 17, this Agreement shall be governed by the laws of the State of Ohio without regard to choice of law principles. This choice of law provision is only intended to specify the use of Ohio law to interpret this Agreement and is not intended to create any other substantive right to non-Ohio residents to assert claims under Ohio law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by JoGlob, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to JoGlob shall be given by certified mail, postage prepaid and return receipt requested to JoGlob, Inc., 660 East 250th Street Euclid, Ohio 44132. Any notices to you shall be provided to you through the JoGlob Program or given to you via the email address or physical address you provide to JoGlob during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and JoGlob with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If you have any questions regarding the JoGlob Program or Services, please contact our Customer Support Team through our Help Center.

JoGlob Privacy Policy

At JoGlob, we want to connect people through transportation and bring communities together. In this privacy policy, we tell you what information we receive from JoGlob passenger and Independent drivers, and how we use it to connect Passengers with drivers and continue to improve our services. Below, we explain how you can share with other Passengers and drivers in the JoGlob community as part of our mission to bring people together.

Scope of this Privacy Policy

JoGlob (“JoGlob,” “we,” “our,” and/or “us”) values the privacy of individuals who use our application, websites, and related services (collectively, the “JoGlob Program”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from JoGlob Program Users (“Program Users”), comprised of both JoGlob Passengers (“Passengers”) and JoGlob drivers (including Driver applicants) (“Drivers”). Beyond the Privacy Policy, your use of JoGlob is also subject to our Terms of Service (www.JoGlob.com/terms).

Information We Collect

A. Information You Provide to Us

Registration Information. When you sign up for a JoGlob account, you give us your name, email address, and phone number. If you decide to sign up for JoGlob using your Facebook account, we will also get basic information from your Facebook profile like your name, gender, profile photo, and Facebook friends.

Program User Profile Information. When you join the JoGlob community, you can create a JoGlob Profile to share fun facts about yourself, and discover mutual friends and interests. Filling out a profile is optional, and you can share as little or as much as you want. Your name (and for Drivers, Profile photos) is always part of your Profile. Read more below about how you can control who sees your Profile. You can also add a Business Profile to your account, which requires a designated business email address and payment method.

Payment Method. When you add a credit card or payment method to your JoGlob account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.

Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.

Independent Driver Application Information. If you decide to join our JoGlob driver community, in addition to the basic registration information we ask you for your date of birth, physical address, Social Security number, driver’s license information, vehicle information, car insurance information, and in some jurisdictions we may collect additional business license or permitting information. We share this information with our partners who help us by running background checks on Drivers to help protect the JoGlob community.

Payment Information. To make sure Independent Drivers get paid, we keep information about Drivers’ bank routing numbers, tax information, and any other payment information provided by Drivers.

B. Information We Collect When You Use the JoGlob Program

Location Information. JoGlob is all about connecting Independent Drivers and Passengers. To do this, we need to know where you are. When you open JoGlob on your mobile device, we receive your location. We may also collect the precise location of your device when the app is running in the foreground or background. If you label certain locations, such as “home” and “work,” we receive that information, too.

Your location information is necessary for things like matching Passengers with nearby Independent Drivers, determining drop off and pick up locations, and suggesting destinations based on previous trips. Also, if the need ever arises, our Trust & Safety team may use and share location information to help protect the safety of JoGlob Program Users or a member of the public. In addition to the reasons described above, Independent Drivers’ location information and distance travelled is necessary for calculating charges and insurance for JoGlob Trips. If you give us permission through your device settings or JoGlob app, we may collect your location while the app is off to identify promotions or service updates in your area.

Device Information. JoGlob receives information from Program Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens, and, if you register with your Facebook account, your Facebook identifier. We collect mobile sensor data from Independent Drivers’ devices (such as speed, direction, height, acceleration or deceleration) to improve location accuracy and analyze usage patterns.

Usage Information. To help us understand how you use the JoGlob Program and to help us improve it, we automatically receive information about your interactions with the JoGlob Program, like the pages or other content you view, your actions within the JoGlob app, and the dates and times of your visits.

Call and Text Information. We work with a third-party partner to facilitate phone calls and text messages between Passengers and Independent Drivers who have been connected for a Trip. We receive information about these communications including the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages. For security purposes, we may also monitor and/or record the contents of phone calls made on the JoGlob Program, such as those between Passengers and Independent Drivers. You will be given notice that your call may be recorded, and by proceeding you agree to allow JoGlob to monitor and/or record your call.

Program User Feedback. At JoGlob, we want to make sure Program Users are always enjoying great Trips. Passengers and Independent Drivers may rate and review each other at the end of every Trip. We receive information about ratings and reviews and, as we explain below, give Passengers information about Independent Drivers’ ratings and reviews and vice versa.

Address Book Contacts. If you permit JoGlob to access the address book on your device through the permission system used by your mobile Program, we may access and store names and contact information from your address book to facilitate invitations and social interactions that you initiate through our Program and for other purposes described in this privacy policy or at the time of consent or collection.

Information from Cookies and Similar Technologies. We collect information through the use of “cookies”, tracking pixels, and similar technologies to understand how you navigate through the JoGlob Program and interact with JoGlob advertisements, to learn what content is popular, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the JoGlob Program. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of the JoGlob Program.

C. Information We Collect from Third Parties

Third Party Services. If you choose to register for JoGlob or otherwise link your JoGlob account with a third party’s service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services.

Third Party Partners. We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party partners and combine it with other information that we have about you.

Enterprise Programs. If your company, university, or organization participates in one of our enterprise programs such as JoGlob for Work, we may receive information about you, such as your email address, from your participating organization. We also may give your participating organization the opportunity to request a Trip on your behalf, in which case they may provide us with your name, phone number, and the pickup and drop off location for your Trip.

Background Information on Drivers. JoGlob works with third party partners to perform driving record and criminal background checks on Drivers, and we receive information from them such as publicly available information about a Driver’s driving record or criminal history.

How We Use the Information We Collect

We use the information we collect from all Program Users to:

  • Connect Passengers with Drivers;

  • Provide, improve, expand, and promote the JoGlob Program;

  • Analyze how the JoGlob community uses the JoGlob Program;

  • Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;

  • Personalize the JoGlob experience for you and your friends and contacts;

  • Send you text messages and push notifications;

  • Facilitate transactions and payments;

  • Provide you with customer support;

  • Find and prevent fraud; and

  • Respond to trust and safety issues that may arise, including auto incidents, disputes between Passengers and Drivers, and requests from government authorities.

Additionally, we use the information we collect from Independent Drivers for the following purposes related to driving on the JoGlob Program:

  • Sending emails and text messages to Drivers who have started the driver application process regarding the status of their application;

  • Determining an Independent Driver’s eligibility to drive for JoGlob

  • Notifying Drivers about Trip demand, pricing and service updates; and

  • Calculating and providing JoGlob’s auto insurance policy and analyzing usage patterns for safety and insurance purposes.

How We Share the Information We Collect

A. Sharing Between Program Users

Sharing between Passengers and Independent Drivers. Passengers and Independent Drivers that have been matched for a Trip are able to see basic information about each other, such as names, photo, ratings, and any information they have added to their Profiles. Passengers and Independent Drivers who connect their JoGlob accounts to Facebook will also be able to see their mutual Facebook friends during the Trip. Independent Drivers see the pick-up location that the Trip has provided. Passengers see an Independent Driver’s vehicle information and real-time location as the Independent Driver approaches the pick-up location. Passengers’ ratings of Independent Driver are shared with Independent Driver on a weekly basis. We de-identify the ratings and feedback, but we can’t rule out that a driver may be able to identify the Trip that provided the rating or feedback.

Although we help Passengers and Independent Driver communicate with one another to arrange a pickup, we do not share your actual phone number or other contact information with other Program Users. If you report a lost or found item to us, we will seek to connect you with the relevant Trip or Independent Driver, including sharing actual contact information with your permission.

Sharing between JoGlob Line Passengers. If you use JoGlob Line, Passengers who have been matched with you will be able to see your name, photo and any information you have added to your Profile. If you connect your JoGlob account to Facebook (such as by signing up through Facebook), we may show your mutual friends with other Passengers who are also connected via Facebook. During the JoGlob Line matching process we may show photos of possible matches to you and other Passengers.

B. Sharing Between JoGlob and Third Parties

API and Integration Partners. If you connect to the JoGlob Program through an integration with a third-party service, we may share information about your use of the JoGlob Program with that third party. We may share your information with our third-party partners in order to receive additional information about you. We may also share your information with third party partners to create offers that may be of interest to you.

Third Party Services. The JoGlob Program may allow you to connect with other websites, products, or services that we don’t have control over (for example, we may give you the ability to order a food delivery from a restaurant from within the JoGlob app). If you use these services, we will provide the third party with information about you to allow them to provide the service to you (for example, we would give the restaurant your name, phone number and address to drop off the food). We can’t speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.

Service Providers. We work with third party service providers to perform services on our behalf, and we may share your information with such service providers to help us provide the JoGlob Program, including all of the things described in Section 3 above.

Enterprise Partners. If you participate in an enterprise program and charge a Trip to your organization’s billing method or credits, we will provide your organization’s account holder with information about your use of the JoGlob Program, including Trip details such as date, time, charge, and pick up and drop off locations. If you create a Business Profile, at the end of each Trip you will have the option to designate the Trip as a business Trip. If you do so, and your organization has a corporate account with JoGlob, we may share information about your use of JoGlob Program with your organization including Trip details such as date, time, charge, and region of the trip. If you change organizations, it is your responsibility to update your Business Profile with the new information. (Please remember to check and set your designation settings accordingly.) If you integrate your account with an expense Program (like Concur) we will share the Trip details to your expense account.

International Partners. We’ve partnered with several Trip-sharing services around the globe, so Passengers can continue to find Trips when they open the JoGlob app abroad, and Independent Driver can provide services to international travelers in the U.S. When we match a Trip with the partner, we share the same information that is shared between matched Passengers and Independent Driver on the JoGlob Program. In some cases, we are unable to mask your phone number if you call an international driver, so please keep that in mind before using this feature.

Other Sharing. We may share your information with third parties in the following cases:

  • While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets;

  • If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process;

  • With law enforcement officials, government authorities, or third parties if we think doing so is necessary to protect the rights, property, or safety of the JoGlob community, JoGlob, or the public (you can read more about this in our Law Enforcement Request policy);

  • To comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures.

  • If you signed up for a promotion with another Program User’s referral or promotion code, with your referrer to let them know about your redemption of or qualification for the promotion;

  • With our insurance partners to help determine and provide relevant coverage in the event of an incident;

  • To provide information about the use of the JoGlob Program to potential business partners in aggregated or de-identified form that can’t reasonably be used to identify you; and

  • Whenever you consent to the sharing.

Your Choices

Email Subscriptions. You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your account use of the JoGlob Program.

Text Messages. You can opt out of receiving commercial or promotional text messages by texting the word END to XXXXX from the mobile device receiving the messages. You may also opt out of receiving all texts from JoGlob (including transactional or relational messages) by texting the word STOPALL to XXXXX from the mobile device receiving the messages, however, opting out of receiving all texts may impact your use of the JoGlob Program. Drivers can also opt out of driver-specific messages by texting STOP in response to a driver SMS. To re-enable texts, you can text START in response to an unsubscribe confirmation SMS.

Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the JoGlob Program (such as receiving a notification that your Trip has arrived).

Profile Information. While your name will always be shared with Independent Driver and fellow JoGlob Line Passengers, you can delete any additional information that you added to your Profile at any time if you don’t want Independent Driver and JoGlob Line Passengers to see it. Passengers will always be able to see Independent Driver’ names, rating, profile photos, and vehicle information.

Location Information. While you can prevent your device from sharing location information at any time through your Device’s operating system settings, Trip and Independent Driver location is core to the JoGlob Program and without it we can’t provide our services to you.

Facebook Friends. You can control whether to enable or disable the Facebook mutual friends feature through your profile settings.

Editing and Accessing Your Information. You can review and edit certain account information by logging in to your account settings and profile (Drivers may edit additional information through the Driver portal). If would like to terminate your JoGlob account, please contact us through our Help Center with your request. If you choose to terminate your account, we will deactivate it for you but may retain information from your account for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy for accounts that are not closed. We also may retain information from your account to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the JoGlob Program, assist with any investigations, prevent fraud, enforce our Terms of Service, or take other actions as required or permitted by law.

Other

Data Security. We are committed to protecting the data of the JoGlob community. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.

Children’s Privacy. JoGlob is not directed to children, and we don’t knowingly collect personal information from children under 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 13 has given us personal information, please contact us at our Help Center.

Changes to Our Privacy Policy. We may make changes to this Privacy Policy from time to time. If we make any material changes, we will let you know through the JoGlob Program, by email, or other communication. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices. As long as you use the JoGlob Program, you are agreeing to this Privacy Policy and any updates we make to it.

Contact Information. Feel free to contact us at any time with any questions or comments about this Privacy Policy, your personal information, our use and sharing practices, or your consent choices by contacting our Help Center.

 

JoGlob, LLC

Terms and Conditions of Service

These terms and Conditions of service constitute a legally binding agreement (the “Agreement”) between the undersigned and JoGlob, LLC (“JoGlob” “we,” “us” or “our”) governing and controlling your use of the JoGlob application or program, website, and technology (collectively, the “JoGlob Program”).

PLEASE READ CAREFULLY AS THIS DOCUMENT CONTAINS LEGALLY ENFORCABLE CONDITIONS THAT GOVERN HOW CLAIMS THAT THE UNDERSIGNED AND JoGlob may HAVE AGAINST EACH OTHER CAN BE MADE. THESE PROVISIONS WILL, WITH VERY LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST joglob TO FULL AND FINAL BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED BELOW.

By entering into to this Agreement, you expressly acknowledge that you have read and understand this Agreement (including the dispute resolution and arbitration provisions contained below) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE JOGLOB PROGRAM.

The JoGlob Program

The JoGlob Program provides a mechanism where persons who seek transportation to certain locations (“Passengers” or “Trips”) can be paired with persons driving to or through those locations (“Independent Drivers” or “Drivers”). Independent Drivers and Passengers are collectively referred to herein as “Program User,” and each Program User shall create a Program User account that enables access to the JoGlob Program. For purposes of this Agreement, the driving services provided by Independent Drivers to Passengers that are matched through the Program shall be referred to collectively as the “Services”. Any decision by a Program User to offer or accept Services is a decision made in such Program User’s sole discretion. Each transportation Service provided by an Independent Driver to a Passenger shall constitute a separate agreement between such persons and JoGlob, its officers, directors or employees shall not be deemed to be a party to such agreement.

Modification to the Agreement

In the event JoGlob modifies the terms and conditions of this Agreement, such modifications shall be binding on the undersigned upon the undersigned’s acceptance of the modified Agreement. JoGlob reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting on its website. Continued use of the JoGlob Program after any such changes shall constitute the undersigned’s consent to and acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

Eligibility

The JoGlob Program may only be used by individuals who are legally competent to enter into contracts under applicable law of the State where such contract is made and entered into. The JoGlob Program is not available to minors (persons under the age of 18) or Program Users who have had their Program User account temporarily or permanently deactivated for any reason at the sole discretion of JoGlob. By becoming a Program User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your Program User account, and you agree that you are the sole authorized Program User of your account.

Passenger Charges

As a Passenger, you agree to pay the amounts charged for your use of the JoGlob Program and Services (“Charges”). Charges include all applicable fees, tolls, surcharges, and taxes as set forth on your area’s JoGlob Cities page (website) plus any tips to the Independent Driver that you elect to pay. JoGlob has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s JoGlob page. Pricing may vary based on the type of service you request as described on your area’s JoGlob page. You are responsible for reviewing the applicable JoGlob page and shall be responsible for all Charges incurred under your Program User account regardless of your awareness of such Charges or the amounts thereof.

Fares. There are two types of fares, variable and quoted.

  • Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your trip. For particularly short trips, minimum fares may apply. Please note that we use GPS data from your Independent Driver’s phone to calculate the distance traveled on your trip. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate time and distance using available data from your trip.

  • Quoted Fares. In some cases, JoGlob may quote you a Fare at the time of your request. The quote is subject to change until the Trip request is confirmed. If during your trip you change your destination, make multiple stops, or attempt to abuse the JoGlob Program, we may cancel the fare quote and charge you a variable fare based on the time and distance of your trip. JoGlob does not guarantee that the quoted fare price will be equal to a variable fare for the same Trip.

  • Prime Time. Fares may be subject to a multiplier at times of high demand of the Services (“Prime Time”) as determined by JoGlob. For all trips with a variable fare, we will use reasonable efforts to inform you of any Prime-Time multipliers in effect at the time of your request. For quoted fares we may factor in the Prime-Time multiplier into the quoted price of the trip. Any Prime-Time charges shall be considered part of the Fare.

Fees and Other Charges.

  • Service Fee. JoGlob may assess a per-trip “Service Fee” to support the JoGlob Program and related services provided to you by JoGlob. The amount of the Service Fee may vary but shall be retained by JoGlob in its entirety.

  • Cancellation Fee. After requesting a Trip, you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a Trip. Please check out our Help Center to learn more about JoGlob’s cancellation policy, including applicable fees. Collected cancellation fees will be passed in their entirety to the Independent Driver who had accepted your Trip request.

  • Damage Fee. If an Independent Driver reports that you have damaged the Independent Driver’s vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by JoGlob in its sole discretion), towards vehicle repair or cleaning. JoGlob reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Independent Driver whose car was damaged.

  • Tolls. In some instances, tolls (or return tolls) may apply to your Trip. Please see our Help Center and your market’s JoGlob Cities page for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by JoGlob will match the toll charged to the Independent Driver, if any. The amount of collected tolls (and return tolls) will be passed in their entirety to the Independent Driver who provided your Trip.

  • Other Charges. Other fee and surcharges may apply to your Trip, including: actual or anticipated airport fees, state or local fees, event fees as determined by JoGlob or its marketing partners, and processing fees for split payments. In addition, where required by law JoGlob will collect applicable taxes. These other charges are not shared with your Independent Driver unless expressly stated otherwise. See your market’s JoGlob Cities page for details on other Charges that may apply to your Trip.

  • Tips. Following a Trip, you may elect to tip your Independent Driver in cash or through the JoGlob application. Any tips will be provided entirely to the applicable Independent Driver.

General.

  • Facilitation of Charges. All Charges are facilitated through a third-party payment processing service. JoGlob may add or replace its third-party payment processing services without notice to you. Charges shall only be made through the JoGlob Program. With the exception of tips, cash payments are strictly prohibited.

  • No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the JoGlob Program, any disruption to the JoGlob Program or Services, or any other reason whatsoever.

  • Credits and Trip Discounts. You may receive credits (“JoGlob Credits”) or Trip discounts (“Trip Discounts”) that you can apply toward payment of certain Charges upon completion of a Trip. JoGlob Credits and Trip Discounts are only valid for use on the JoGlob Program, and are not transferable or redeemable for cash except as required by law. JoGlob Credits and Trip Discounts cannot be combined, and if the cost of your Trip exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Trip. Trip Discounts only apply to the Fare, not the Service Fee or other charges. If you split payment for a Trip with another Passenger, your JoGlob Credits or Trip Discount will only apply to your portion of the Charges. Additional restrictions on JoGlob Credits and Trip Discounts may apply as communicated to you in a relevant promotion or by clicking on the relevant JoGlob Credit or Trip Discount within the Payments section of the JoGlob App.

  • Credit Card Authorization. Upon addition of a new payment method or each Trip request, JoGlob may seek authorization of your selected payment method to verify the payment method, ensure the Trip cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.

Payments

If you are an Independent Driver, you will receive payment for your provision of Services. All Fare payments are subject to a JoGlob Commission, discussed below. You will also receive any tips provided by Passenger to you, and tips will not be subject to any JoGlob Commission. JoGlob will process all payments due to you through its third-party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.

  • Commission. In exchange for permitting you to offer your Services through the JoGlob Program and marketplace as an Independent Driver, you agree to pay JoGlob (and permit JoGlob to retain) a fee based on each transaction in which you provide Services (the “Commission”). The amount of the applicable Commission will be communicated to you in a Commission schedule through the Independent Driver portal. JoGlob reserves the right to change the Commission at any time in JoGlob’s discretion based upon local market factors, and JoGlob will provide you with notice in the event of such change. Continued use of the JoGlob Program after any such change in the Commission calculation shall constitute your consent to such change.

  • Pricing. You expressly authorize JoGlob to set the prices on your behalf for all Charges that apply to the provision of Services. JoGlob reserves the right to change the Fare schedule at any time in our discretion based upon local market factors, and we will provide you with notice in the event of changes to the base fare, per mile, and/or per minute amounts that would result in a change in the applicable Fares. Charges may be subject to maximum limits as set forth in your market’s JoGlob Cities page or the JoGlob Help Center.

  • Fare Adjustment. JoGlob reserves the right to adjust or withhold all or a portion of Fares if it believes that (i) you have attempted to defraud or abuse JoGlob or JoGlob’s payment systems, (ii) in order to resolve a Passenger complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Services in the JoGlob application when the Trip was over). JoGlob’s decision to adjust or withhold the Fare in any way shall be exercised in a reasonable manner.

  • Express Pay. If you elect to receive payments through JoGlob’s Express Pay feature (which JoGlob may offer to you in its sole discretion), you acknowledge that you will be charged a fee for this Express Pay service as described by JoGlob prior to confirmation.

JoGlob Communications

By becoming a Program User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from JoGlob, its affiliated companies and/or Independent Drivers, may include but are not limited to: operational communications concerning your Program User account or use of the JoGlob Program or Services, updates concerning new and existing features on the JoGlob Program, communications concerning promotions run by us or our third- party partners, and news concerning JoGlob and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO ?????? FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE JOGLOB PROGRAM OR THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM JOGLOB (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO ??????? FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE JOGLOB PROGRAM OR THE SERVICES.

Your Information

Your Information is any information you provide, publish or post to or through the JoGlob Program (including any profile information you provide) or send to other Program Users (including via in-application feedback, any email feature, or through any JoGlob-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a Program User account that will allow you to use the JoGlob Program and participate in the Services. Our collection and use of personal information in connection with the JoGlob Program and Services is as provided in JoGlob’s Privacy Policy located at www.JoGlob.com/privacy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable JoGlob to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. JoGlob does not assert any ownership over your Information; rather, as between you and JoGlob, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You may be able to create or log-in to your JoGlob Program User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”). By connecting to JoGlob through an SNS Account, you understand that JoGlob may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the JoGlob Program to other Program Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.

Promotions and Referral Programs

JoGlob, at its sole discretion, may make available promotions with different features to any Program Users or prospective Program Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with JoGlob. JoGlob reserves the right to withhold or deduct credits or benefits obtained through a promotion the event that JoGlob determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

As part of your Program User account, JoGlob may provide you with or allow you to create a “JoGlob Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred Program User”) to become new JoGlob Passengers (“Referred Passengers”) or Independent Drivers (“Referred Independent Drivers”). JoGlob Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your JoGlob Code. You are prohibited from advertising JoGlob Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. JoGlob reserves the right to deactivate or invalidate any JoGlob Code at any time in JoGlob’s discretion.

From time to time, JoGlob may offer you with incentives to refer new Program Users to the JoGlob community (the “Referral Program”). These incentives may come in the form of JoGlob Credits, and JoGlob may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of JoGlob Codes and participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.

Restricted Activities

With respect to your use of the JoGlob Program and your participation in the Services, you agree that you will not:

  1. impersonate any person or entity;

  2. stalk, threaten, or otherwise harass any person, or carry any weapons;

  3. violate any law, statute, rule, permit, ordinance or regulation;

  4. interfere with or disrupt the Services or the JoGlob Program or the servers or networks connected to the JoGlob Program;

  5. post Information or interact on the JoGlob Program or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;

  6. use the JoGlob Program in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

  7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

  8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the JoGlob Program;

  9. frame” or “mirror” any part of the JoGlob Program, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or

  10. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the JoGlob Program or any software used on or for the JoGlob Program;

  11. rent, lease, lend, sell, redistribute, license or sublicense the JoGlob Program or access to any portion of the JoGlob Program;

  12. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the JoGlob Program or its contents;

  13. link directly or indirectly to any other web sites;

  14. transfer or sell your Program User account, password and/or identification to any other party

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

  16. cause any third party to engage in the restricted activities above.

Independent Driver Representations, Warranties and Agreements

By providing Services as an Independent Driver on the JoGlob Program, you represent, warrant, and agree that:

  1. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Passengers in all jurisdictions in which you provide Services.

  2. You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.

  3. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as an Independent Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the JoGlob community or third parties.

  4. You will only provide Services using the vehicle that has been reported to, and approved by JoGlob, and for which a photograph has been provided to JoGlob, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).

  5. You will not make any misrepresentation regarding JoGlob, the JoGlob Program, the Services or your status as an Independent Driver.

  6. You will not, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for Trips (except as expressly provided in this Agreement), demand that a Trip pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.

  7. You will not attempt to defraud JoGlob or Passengers on the JoGlob Program or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Fares or other payments for the Trip(s) in question.

  8. You will make reasonable accommodation for Passengers and/or for service animals, as required by law

  9. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

  10. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.

  11. You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.

Intellectual Property

All intellectual property rights in the JoGlob Program shall be owned by JoGlob absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the JoGlob Program are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of JoGlob. JoGlob shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

JOGLOB and other JoGlob logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of JoGlob in the United States and/or other countries (collectively, the “JoGlob Marks”). If you provide Services as a Driver, JoGlob grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the JoGlob Marks solely in connection with providing the Services through the JoGlob Program (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without JoGlob’s prior written permission, which it may withhold in its sole discretion. The JoGlob Marks may not be used in any manner that is likely to cause confusion.

You acknowledge that JoGlob is the owner and licensor of the JoGlob Marks, including all goodwill associated therewith, and that your use of the JoGlob Marks will confer no additional interest in or ownership of the JoGlob Marks in you but rather inures to the benefit of JoGlob. You agree to use the JoGlob Marks strictly in accordance with JoGlob’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that JoGlob determines to nonconforming or otherwise unacceptable.

You agree that you will not: (1) create any materials that incorporate the JoGlob Marks or any derivatives of the JoGlob Marks other than as expressly approved by JoGlob in writing; (2) use the JoGlob Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the JoGlob Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair JoGlob’s rights as owner of the JoGlob Marks or the legality and/or enforceability of the JoGlob Marks, including, without limitation, challenging or opposing JoGlob’s ownership in the JoGlob Marks; (4) apply for trademark registration or renewal of trademark registration of any of the JoGlob Marks, any derivative of the JoGlob Marks, any combination of the JoGlob Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the JoGlob Marks; (5) use the JoGlob Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

Violation of any provision of this License may result in immediate termination of the License, in JoGlob’s sole discretion. If you create any materials bearing the JoGlob Marks (in violation of this Agreement or otherwise), you agree that upon their creation JoGlob exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the JoGlob Marks or derivative works based on the JoGlob Marks. You further agree to assign any interest or right you may have in such materials to JoGlob, and to provide information and execute any documents as reasonably requested by JoGlob to enable JoGlob to formalize such assignment.

JoGlob respects the intellectual property of others, and expects Program Users to do the same. If you believe, in good faith, that any materials on the JoGlob Program or Services infringe upon your copyrights, please visit Copyright Policy page for information on how to make a copyright complaint.

Disclaimers

The following disclaimers are made on behalf of JoGlob, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

JoGlob does not provide transportation services, and JoGlob is not a transportation carrier. It is up to the Independent Driver to decide whether or not to offer services to a Passenger contacted through the JoGlob Program, and it is up to the Passenger to decide whether or not to accept services from any Independent Driver contacted through the JoGlob Program. We cannot ensure that an Independent Driver or Passenger will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.

The JoGlob Program is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the JoGlob Program and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the JoGlob Program or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the JoGlob Program will be corrected, or that the JoGlob Program is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the JoGlob Program or Services.

We cannot guarantee that each Passenger is who he or she claims to be. Please use common sense when using the JoGlob Program and Services, including looking at the photos of the Independent Driver or Passenger you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the JoGlob Program by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Independent Driver or Passenger prior to engaging in an arranged transportation service.

JoGlob is not responsible for the conduct, whether online or offline, of any Program User of the JoGlob Program or Services. You are solely responsible for your interactions with other Program Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Independent Drivers or Passengers. By using the JoGlob Program and participating in the Services, you agree to accept such risks and agree that JoGlob is not responsible for the acts or omissions of Program Users on the JoGlob Program or participating in the Services.

JoGlob expressly disclaims any liability arising from the unauthorized use of your Program User account. Should you suspect that any unauthorized party may be using your Program User account, or you suspect any other breach of security, you agree to notify us and your credit provider immediately.

It is possible for others to obtain information about you that you provide, publish or post to or through the JoGlob Program (including any profile information you provide), send to other Program Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Program Users on the JoGlob Program or through the Services. Please carefully select the type of information that you post on the JoGlob Program or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Program Users (including unauthorized Program Users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning JoGlob or made available through the JoGlob Program, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will JoGlob be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the JoGlob Program or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the JoGlob Program and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Program Users or others.

Location data provided by the JoGlob Program is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither JoGlob, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the JoGlob Program. Any of your Information, including geolocation data, you upload, provide, or post on the JoGlob Program may be accessible to JoGlob and certain Program Users of the JoGlob Program.

JoGlob advises you to use the JoGlob Program with a data plan with unlimited or very high data usage limits, and JoGlob shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the JoGlob Program.

This paragraph applies to any version of the JoGlob Program that you acquire from the Apple App Store. This Agreement is entered into between you and JoGlob. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the JoGlob Program. JoGlob, not Apple, is solely responsible for the JoGlob Program and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End Program User License Agreement, for purposes of which, you are “the end-Program User.” In the event of a conflict in the terms of the Licensed Application End Program User License Agreement and this Agreement, the terms of this Agreement shall control.

State and Local Disclosures

Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.JoGlob.com/terms/disclosures. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.

Indemnity

You will defend, indemnify, and hold JoGlob including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the JoGlob Program and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, without limitation, Independent Drivers, Passengers, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the JoGlob Program or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as an Independent Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Limitation of Liability

IN NO EVENT WILL JOGLOB, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “JOGLOB” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE JOGLOB PROGRAM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE JOGLOB PROGRAM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE JOGLOB PROGRAM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT JOGLOB HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THEIR TERMS. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Term and Termination

This Agreement is effective upon your creation of a Program User account. This Agreement may be terminated: a) by Program User, without cause, upon seven (7) days’ prior written notice to JoGlob; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, JoGlob may terminate this Agreement or deactivate your Program User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below JoGlob’s star rating or cancellation threshold; (3) JoGlob has the good faith belief that such action is necessary to protect the safety of the JoGlob community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to JoGlob’s reasonable satisfaction prior to JoGlob permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to JoGlob’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

(a) Agreement to Binding Arbitration between You and JoGlob.

YOU AND JOGLOB MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with JoGlob ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and JoGlob, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND JOGLOB. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the JoGlob Program, the Services, any other goods or services made available through the JoGlob Program, your relationship with JoGlob, the threatened or actual suspension, deactivation or termination of your Program User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by JoGlob, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by JoGlob and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND JOGLOB ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

(b) Prohibition of Class Actions and Non-Individualized Relief.

YOU UNDERSTAND AND AGREE THAT YOU AND JOGLOB MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND JOGLOB BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST JOGLOB, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

(c) Representative PAGA Waiver.

Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and JoGlob agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and JoGlob agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

(d) Rules Governing the Arbitration.

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event, shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.

As part of the arbitration, both you and JoGlob will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Passengers or Drivers, but is bound by rulings in prior arbitrations involving the same Trip or Driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.

(e) Arbitration Fees and Awards.

The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:

  1. If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection (k) below and are otherwise required to pay a filing fee under the relevant AAA Rules, JoGlob agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to JoGlob, JoGlob will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.

  2. If JoGlob initiates arbitration under this Arbitration Agreement, JoGlob will pay all AAA filing and arbitration fees.

  3. With respect to any Claims brought by JoGlob against a Driver, or for Claims brought by a Driver against JoGlob that: (A) are based on an alleged employment relationship between JoGlob and a Driver; (B) arise out of, or relate to, JoGlob’s actual deactivation of a Driver’s Program User account or a threat by JoGlob to deactivate a Driver’s Program User account; (C) arise out of, or relate to, JoGlob’s actual termination of a Driver’s Agreement with JoGlob under the termination provisions of this Agreement, or a threat by JoGlob to terminate a Driver’s Agreement; or (D) arise out of, or relate to, Fares (as defined in this Agreement, including JoGlob’s commission on the Fares), tips, or average hourly guarantees owed by JoGlob to Drivers for Services, other than disputes relating to referral bonuses, other JoGlob promotions, or consumer-type disputes (the subset of Claims in subsections (A)-(D) shall be collectively referred to as “Driver Claims”), JoGlob shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by JoGlob pursuant to the fee provisions above). However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Services to Passengers, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e) (1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator.

  4. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).

  5. At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.

  6. Although under some laws JoGlob may have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, JoGlob agrees that it will not seek such an award.

  7. If the arbitrator issues you an award that is greater than the value of JoGlob’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then JoGlob will pay you the amount of the award or U.S. $1,000, whichever is greater.

(f) Location and Manner of Arbitration.

Unless you and JoGlob agree otherwise, any arbitration hearings between JoGlob and a Passenger will take place in the county of your billing address, and any arbitration hearings between JoGlob and a Driver will take place in the county in which the Independent Driver provides Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for an AAA arbitration. If your Claim is for $10,000 or less, JoGlob agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

(g) Exceptions to Arbitration.

This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of law.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration, however you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

(h) Severability.

In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

(i) Independent Driver Claims in Pending Settlement.

If you are a member of a putative class in a lawsuit against JoGlob involving Independent Driver Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Driver Claims in that particular class action. Instead, your Driver Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.

(j) Opting Out of Arbitration for Driver Claims That Are Not In a Pending Settlement Action.

As an Independent Driver, you may opt out of the requirement to arbitrate Driver Claims defined in Section 17(e) (3) (except as limited by Section 17(i) above) pursuant to the terms of this subsection. If you do not wish to be subject to this Arbitration Agreement with respect to Driver Claims, you may opt out of arbitration with respect to such Driver Claims, other than those in a Pending Settlement Action, by notifying JoGlob in writing of your desire to opt out of arbitration for such Driver Claims, which writing must be dated, signed and delivered by: (1) electronic mail to arbitrationoptout@JoGlob.com, or (2) by certified mail, postage prepaid and return receipt requested, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) that is addressed to:

JoGlob, Inc. 660 East 250th Street Euclid, Ohio 44132

In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Agreement with respect to Driver Claims that are not part of a Pending Settlement Action, (B) the writing must include the name, phone number, and email address associated with your Program User Account, and (C) the email or envelope containing the signed writing must be sent within 30 days of the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and JoGlob shall be bound by the terms of this Arbitration Agreement in full (including with respect to Driver Claims that are not part of a Pending Settlement Action). As provided in paragraph 17(i) above, any opt out that you submit shall not apply to any Driver Claims that are part of a Pending Settlement Action and your Driver Claims in any such Pending Settlement Action shall continue to be governed by the arbitration provisions that are contained in the applicable JoGlob Terms of Use that you agreed to prior to the effective date of this Agreement.

Cases have been filed against JoGlob and may be filed in the future involving Driver Claims. You should assume that there are now, and may be in the future, lawsuits against JoGlob alleging class, collective, and/or representative Driver Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Driver Claims with JoGlob under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against JoGlob in an individual arbitration provision, except for the Driver Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Driver Claims under this Arbitration Agreement.

(k) Optional Pre-Arbitration Negotiation Process.

Before initiating any arbitration or proceeding, you and JoGlob may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and JoGlob. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to JoGlob’s business, operations and properties, including Program User information (“Confidential Information”) disclosed to you by JoGlob for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of JoGlob in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to JoGlob with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by JoGlob or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of JoGlob; becomes known to you, without restriction, from a source other than JoGlob without breach of this Agreement by you and otherwise not in violation of JoGlob’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to JoGlob to enable JoGlob to seek a protective order or otherwise prevent or restrict such disclosure.

Relationship with JoGlob

As an Independent Driver on the JoGlob Program, you acknowledge and agree that you and JoGlob are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and JoGlob expressly agree expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and JoGlob; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind JoGlob, and you undertake not to hold yourself out as an employee, agent or authorized representative of JoGlob.

JoGlob does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the JoGlob Program. You retain the option to accept or to decline or ignore a Passenger’s request for Services via the JoGlob Program, or to cancel an accepted request for Services via the JoGlob Program, subject to JoGlob’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, JoGlob shall have no right to require you to: (a) display JoGlob’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying JoGlob’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.

Other Services

In addition to connecting Passengers with Independent Drivers, the JoGlob Program may enable Program Users to provide or receive goods or services from other third parties. For example, Program Users may be able to use the JoGlob Program to order a delivery of goods, purchase a digital item, request a carpool Trip from a commuter going in your direction, or when travelling outside of the United States, to connect with local transportation Programs and request Trips from local drivers (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the JoGlob Program, you authorize JoGlob to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that JoGlob is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the JoGlob Program.

General

Except as provided in Section 17, this Agreement shall be governed by the laws of the State of Ohio without regard to choice of law principles. This choice of law provision is only intended to specify the use of Ohio law to interpret this Agreement and is not intended to create any other substantive right to non-Ohio residents to assert claims under Ohio law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by JoGlob, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to JoGlob shall be given by certified mail, postage prepaid and return receipt requested to JoGlob, Inc., 660 East 250th Street Euclid, Ohio 44132. Any notices to you shall be provided to you through the JoGlob Program or given to you via the email address or physical address you provide to JoGlob during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and JoGlob with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If you have any questions regarding the JoGlob Program or Services, please contact our Customer Support Team through our Help Center.

JoGlob Privacy Policy

At JoGlob, we want to connect people through transportation and bring communities together. In this privacy policy, we tell you what information we receive from JoGlob passenger and Independent drivers, and how we use it to connect Passengers with drivers and continue to improve our services. Below, we explain how you can share with other Passengers and drivers in the JoGlob community as part of our mission to bring people together.

Scope of this Privacy Policy

JoGlob (“JoGlob,” “we,” “our,” and/or “us”) values the privacy of individuals who use our application, websites, and related services (collectively, the “JoGlob Program”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from JoGlob Program Users (“Program Users”), comprised of both JoGlob Passengers (“Passengers”) and JoGlob drivers (including Driver applicants) (“Drivers”). Beyond the Privacy Policy, your use of JoGlob is also subject to our Terms of Service (www.JoGlob.com/terms).

Information We Collect

A. Information You Provide to Us

Registration Information. When you sign up for a JoGlob account, you give us your name, email address, and phone number. If you decide to sign up for JoGlob using your Facebook account, we will also get basic information from your Facebook profile like your name, gender, profile photo, and Facebook friends.

Program User Profile Information. When you join the JoGlob community, you can create a JoGlob Profile to share fun facts about yourself, and discover mutual friends and interests. Filling out a profile is optional, and you can share as little or as much as you want. Your name (and for Drivers, Profile photos) is always part of your Profile. Read more below about how you can control who sees your Profile. You can also add a Business Profile to your account, which requires a designated business email address and payment method.

Payment Method. When you add a credit card or payment method to your JoGlob account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.

Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.

Independent Driver Application Information. If you decide to join our JoGlob driver community, in addition to the basic registration information we ask you for your date of birth, physical address, Social Security number, driver’s license information, vehicle information, car insurance information, and in some jurisdictions we may collect additional business license or permitting information. We share this information with our partners who help us by running background checks on Drivers to help protect the JoGlob community.

Payment Information. To make sure Independent Drivers get paid, we keep information about Drivers’ bank routing numbers, tax information, and any other payment information provided by Drivers.

B. Information We Collect When You Use the JoGlob Program

Location Information. JoGlob is all about connecting Independent Drivers and Passengers. To do this, we need to know where you are. When you open JoGlob on your mobile device, we receive your location. We may also collect the precise location of your device when the app is running in the foreground or background. If you label certain locations, such as “home” and “work,” we receive that information, too.

Your location information is necessary for things like matching Passengers with nearby Independent Drivers, determining drop off and pick up locations, and suggesting destinations based on previous trips. Also, if the need ever arises, our Trust & Safety team may use and share location information to help protect the safety of JoGlob Program Users or a member of the public. In addition to the reasons described above, Independent Drivers’ location information and distance travelled is necessary for calculating charges and insurance for JoGlob Trips. If you give us permission through your device settings or JoGlob app, we may collect your location while the app is off to identify promotions or service updates in your area.

Device Information. JoGlob receives information from Program Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens, and, if you register with your Facebook account, your Facebook identifier. We collect mobile sensor data from Independent Drivers’ devices (such as speed, direction, height, acceleration or deceleration) to improve location accuracy and analyze usage patterns.

Usage Information. To help us understand how you use the JoGlob Program and to help us improve it, we automatically receive information about your interactions with the JoGlob Program, like the pages or other content you view, your actions within the JoGlob app, and the dates and times of your visits.

Call and Text Information. We work with a third-party partner to facilitate phone calls and text messages between Passengers and Independent Drivers who have been connected for a Trip. We receive information about these communications including the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages. For security purposes, we may also monitor and/or record the contents of phone calls made on the JoGlob Program, such as those between Passengers and Independent Drivers. You will be given notice that your call may be recorded, and by proceeding you agree to allow JoGlob to monitor and/or record your call.

Program User Feedback. At JoGlob, we want to make sure Program Users are always enjoying great Trips. Passengers and Independent Drivers may rate and review each other at the end of every Trip. We receive information about ratings and reviews and, as we explain below, give Passengers information about Independent Drivers’ ratings and reviews and vice versa.

Address Book Contacts. If you permit JoGlob to access the address book on your device through the permission system used by your mobile Program, we may access and store names and contact information from your address book to facilitate invitations and social interactions that you initiate through our Program and for other purposes described in this privacy policy or at the time of consent or collection.

Information from Cookies and Similar Technologies. We collect information through the use of “cookies”, tracking pixels, and similar technologies to understand how you navigate through the JoGlob Program and interact with JoGlob advertisements, to learn what content is popular, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the JoGlob Program. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of the JoGlob Program.

C. Information We Collect from Third Parties

Third Party Services. If you choose to register for JoGlob or otherwise link your JoGlob account with a third party’s service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services.

Third Party Partners. We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party partners and combine it with other information that we have about you.

Enterprise Programs. If your company, university, or organization participates in one of our enterprise programs such as JoGlob for Work, we may receive information about you, such as your email address, from your participating organization. We also may give your participating organization the opportunity to request a Trip on your behalf, in which case they may provide us with your name, phone number, and the pickup and drop off location for your Trip.

Background Information on Drivers. JoGlob works with third party partners to perform driving record and criminal background checks on Drivers, and we receive information from them such as publicly available information about a Driver’s driving record or criminal history.

How We Use the Information We Collect

We use the information we collect from all Program Users to:

  • Connect Passengers with Drivers;

  • Provide, improve, expand, and promote the JoGlob Program;

  • Analyze how the JoGlob community uses the JoGlob Program;

  • Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;

  • Personalize the JoGlob experience for you and your friends and contacts;

  • Send you text messages and push notifications;

  • Facilitate transactions and payments;

  • Provide you with customer support;

  • Find and prevent fraud; and

  • Respond to trust and safety issues that may arise, including auto incidents, disputes between Passengers and Drivers, and requests from government authorities.

Additionally, we use the information we collect from Independent Drivers for the following purposes related to driving on the JoGlob Program:

  • Sending emails and text messages to Drivers who have started the driver application process regarding the status of their application;

  • Determining an Independent Driver’s eligibility to drive for JoGlob

  • Notifying Drivers about Trip demand, pricing and service updates; and

  • Calculating and providing JoGlob’s auto insurance policy and analyzing usage patterns for safety and insurance purposes.

How We Share the Information We Collect

A. Sharing Between Program Users

Sharing between Passengers and Independent Drivers. Passengers and Independent Drivers that have been matched for a Trip are able to see basic information about each other, such as names, photo, ratings, and any information they have added to their Profiles. Passengers and Independent Drivers who connect their JoGlob accounts to Facebook will also be able to see their mutual Facebook friends during the Trip. Independent Drivers see the pick-up location that the Trip has provided. Passengers see an Independent Driver’s vehicle information and real-time location as the Independent Driver approaches the pick-up location. Passengers’ ratings of Independent Driver are shared with Independent Driver on a weekly basis. We de-identify the ratings and feedback, but we can’t rule out that a driver may be able to identify the Trip that provided the rating or feedback.

Although we help Passengers and Independent Driver communicate with one another to arrange a pickup, we do not share your actual phone number or other contact information with other Program Users. If you report a lost or found item to us, we will seek to connect you with the relevant Trip or Independent Driver, including sharing actual contact information with your permission.

Sharing between JoGlob Line Passengers. If you use JoGlob Line, Passengers who have been matched with you will be able to see your name, photo and any information you have added to your Profile. If you connect your JoGlob account to Facebook (such as by signing up through Facebook), we may show your mutual friends with other Passengers who are also connected via Facebook. During the JoGlob Line matching process we may show photos of possible matches to you and other Passengers.

B. Sharing Between JoGlob and Third Parties

API and Integration Partners. If you connect to the JoGlob Program through an integration with a third-party service, we may share information about your use of the JoGlob Program with that third party. We may share your information with our third-party partners in order to receive additional information about you. We may also share your information with third party partners to create offers that may be of interest to you.

Third Party Services. The JoGlob Program may allow you to connect with other websites, products, or services that we don’t have control over (for example, we may give you the ability to order a food delivery from a restaurant from within the JoGlob app). If you use these services, we will provide the third party with information about you to allow them to provide the service to you (for example, we would give the restaurant your name, phone number and address to drop off the food). We can’t speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.

Service Providers. We work with third party service providers to perform services on our behalf, and we may share your information with such service providers to help us provide the JoGlob Program, including all of the things described in Section 3 above.

Enterprise Partners. If you participate in an enterprise program and charge a Trip to your organization’s billing method or credits, we will provide your organization’s account holder with information about your use of the JoGlob Program, including Trip details such as date, time, charge, and pick up and drop off locations. If you create a Business Profile, at the end of each Trip you will have the option to designate the Trip as a business Trip. If you do so, and your organization has a corporate account with JoGlob, we may share information about your use of JoGlob Program with your organization including Trip details such as date, time, charge, and region of the trip. If you change organizations, it is your responsibility to update your Business Profile with the new information. (Please remember to check and set your designation settings accordingly.) If you integrate your account with an expense Program (like Concur) we will share the Trip details to your expense account.

International Partners. We’ve partnered with several Trip-sharing services around the globe, so Passengers can continue to find Trips when they open the JoGlob app abroad, and Independent Driver can provide services to international travelers in the U.S. When we match a Trip with the partner, we share the same information that is shared between matched Passengers and Independent Driver on the JoGlob Program. In some cases, we are unable to mask your phone number if you call an international driver, so please keep that in mind before using this feature.

Other Sharing. We may share your information with third parties in the following cases:

  • While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets;

  • If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process;

  • With law enforcement officials, government authorities, or third parties if we think doing so is necessary to protect the rights, property, or safety of the JoGlob community, JoGlob, or the public (you can read more about this in our Law Enforcement Request policy);

  • To comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures.

  • If you signed up for a promotion with another Program User’s referral or promotion code, with your referrer to let them know about your redemption of or qualification for the promotion;

  • With our insurance partners to help determine and provide relevant coverage in the event of an incident;

  • To provide information about the use of the JoGlob Program to potential business partners in aggregated or de-identified form that can’t reasonably be used to identify you; and

  • Whenever you consent to the sharing.

Your Choices

Email Subscriptions. You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your account use of the JoGlob Program.

Text Messages. You can opt out of receiving commercial or promotional text messages by texting the word END to XXXXX from the mobile device receiving the messages. You may also opt out of receiving all texts from JoGlob (including transactional or relational messages) by texting the word STOPALL to XXXXX from the mobile device receiving the messages, however, opting out of receiving all texts may impact your use of the JoGlob Program. Drivers can also opt out of driver-specific messages by texting STOP in response to a driver SMS. To re-enable texts, you can text START in response to an unsubscribe confirmation SMS.

Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the JoGlob Program (such as receiving a notification that your Trip has arrived).

Profile Information. While your name will always be shared with Independent Driver and fellow JoGlob Line Passengers, you can delete any additional information that you added to your Profile at any time if you don’t want Independent Driver and JoGlob Line Passengers to see it. Passengers will always be able to see Independent Driver’ names, rating, profile photos, and vehicle information.

Location Information. While you can prevent your device from sharing location information at any time through your Device’s operating system settings, Trip and Independent Driver location is core to the JoGlob Program and without it we can’t provide our services to you.

Facebook Friends. You can control whether to enable or disable the Facebook mutual friends feature through your profile settings.

Editing and Accessing Your Information. You can review and edit certain account information by logging in to your account settings and profile (Drivers may edit additional information through the Driver portal). If would like to terminate your JoGlob account, please contact us through our Help Center with your request. If you choose to terminate your account, we will deactivate it for you but may retain information from your account for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy for accounts that are not closed. We also may retain information from your account to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the JoGlob Program, assist with any investigations, prevent fraud, enforce our Terms of Service, or take other actions as required or permitted by law.

Other

Data Security. We are committed to protecting the data of the JoGlob community. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.

Children’s Privacy. JoGlob is not directed to children, and we don’t knowingly collect personal information from children under 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 13 has given us personal information, please contact us at our Help Center.

Changes to Our Privacy Policy. We may make changes to this Privacy Policy from time to time. If we make any material changes, we will let you know through the JoGlob Program, by email, or other communication. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices. As long as you use the JoGlob Program, you are agreeing to this Privacy Policy and any updates we make to it.

Contact Information. Feel free to contact us at any time with any questions or comments about this Privacy Policy, your personal information, our use and sharing practices, or your consent choices by contacting our Help Center.

 

JoGlob, LLC

Terms and Conditions of Service

These terms and Conditions of service constitute a legally binding agreement (the “Agreement”) between the undersigned and JoGlob, LLC (“JoGlob” “we,” “us” or “our”) governing and controlling your use of the JoGlob application or program, website, and technology (collectively, the “JoGlob Program”).

PLEASE READ CAREFULLY AS THIS DOCUMENT CONTAINS LEGALLY ENFORCABLE CONDITIONS THAT GOVERN HOW CLAIMS THAT THE UNDERSIGNED AND JoGlob may HAVE AGAINST EACH OTHER CAN BE MADE. THESE PROVISIONS WILL, WITH VERY LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST joglob TO FULL AND FINAL BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED BELOW.

By entering into to this Agreement, you expressly acknowledge that you have read and understand this Agreement (including the dispute resolution and arbitration provisions contained below) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE JOGLOB PROGRAM.

The JoGlob Program

The JoGlob Program provides a mechanism where persons who seek transportation to certain locations (“Passengers” or “Trips”) can be paired with persons driving to or through those locations (“Independent Drivers” or “Drivers”). Independent Drivers and Passengers are collectively referred to herein as “Program User,” and each Program User shall create a Program User account that enables access to the JoGlob Program. For purposes of this Agreement, the driving services provided by Independent Drivers to Passengers that are matched through the Program shall be referred to collectively as the “Services”. Any decision by a Program User to offer or accept Services is a decision made in such Program User’s sole discretion. Each transportation Service provided by an Independent Driver to a Passenger shall constitute a separate agreement between such persons and JoGlob, its officers, directors or employees shall not be deemed to be a party to such agreement.

Modification to the Agreement

In the event JoGlob modifies the terms and conditions of this Agreement, such modifications shall be binding on the undersigned upon the undersigned’s acceptance of the modified Agreement. JoGlob reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting on its website. Continued use of the JoGlob Program after any such changes shall constitute the undersigned’s consent to and acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

Eligibility

The JoGlob Program may only be used by individuals who are legally competent to enter into contracts under applicable law of the State where such contract is made and entered into. The JoGlob Program is not available to minors (persons under the age of 18) or Program Users who have had their Program User account temporarily or permanently deactivated for any reason at the sole discretion of JoGlob. By becoming a Program User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your Program User account, and you agree that you are the sole authorized Program User of your account.

Passenger Charges

As a Passenger, you agree to pay the amounts charged for your use of the JoGlob Program and Services (“Charges”). Charges include all applicable fees, tolls, surcharges, and taxes as set forth on your area’s JoGlob Cities page (website) plus any tips to the Independent Driver that you elect to pay. JoGlob has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s JoGlob page. Pricing may vary based on the type of service you request as described on your area’s JoGlob page. You are responsible for reviewing the applicable JoGlob page and shall be responsible for all Charges incurred under your Program User account regardless of your awareness of such Charges or the amounts thereof.

Fares. There are two types of fares, variable and quoted.

  • Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your trip. For particularly short trips, minimum fares may apply. Please note that we use GPS data from your Independent Driver’s phone to calculate the distance traveled on your trip. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate time and distance using available data from your trip.

  • Quoted Fares. In some cases, JoGlob may quote you a Fare at the time of your request. The quote is subject to change until the Trip request is confirmed. If during your trip you change your destination, make multiple stops, or attempt to abuse the JoGlob Program, we may cancel the fare quote and charge you a variable fare based on the time and distance of your trip. JoGlob does not guarantee that the quoted fare price will be equal to a variable fare for the same Trip.

  • Prime Time. Fares may be subject to a multiplier at times of high demand of the Services (“Prime Time”) as determined by JoGlob. For all trips with a variable fare, we will use reasonable efforts to inform you of any Prime-Time multipliers in effect at the time of your request. For quoted fares we may factor in the Prime-Time multiplier into the quoted price of the trip. Any Prime-Time charges shall be considered part of the Fare.

Fees and Other Charges.

  • Service Fee. JoGlob may assess a per-trip “Service Fee” to support the JoGlob Program and related services provided to you by JoGlob. The amount of the Service Fee may vary but shall be retained by JoGlob in its entirety.

  • Cancellation Fee. After requesting a Trip, you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a Trip. Please check out our Help Center to learn more about JoGlob’s cancellation policy, including applicable fees. Collected cancellation fees will be passed in their entirety to the Independent Driver who had accepted your Trip request.

  • Damage Fee. If an Independent Driver reports that you have damaged the Independent Driver’s vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by JoGlob in its sole discretion), towards vehicle repair or cleaning. JoGlob reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Independent Driver whose car was damaged.

  • Tolls. In some instances, tolls (or return tolls) may apply to your Trip. Please see our Help Center and your market’s JoGlob Cities page for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by JoGlob will match the toll charged to the Independent Driver, if any. The amount of collected tolls (and return tolls) will be passed in their entirety to the Independent Driver who provided your Trip.

  • Other Charges. Other fee and surcharges may apply to your Trip, including: actual or anticipated airport fees, state or local fees, event fees as determined by JoGlob or its marketing partners, and processing fees for split payments. In addition, where required by law JoGlob will collect applicable taxes. These other charges are not shared with your Independent Driver unless expressly stated otherwise. See your market’s JoGlob Cities page for details on other Charges that may apply to your Trip.

  • Tips. Following a Trip, you may elect to tip your Independent Driver in cash or through the JoGlob application. Any tips will be provided entirely to the applicable Independent Driver.

General.

  • Facilitation of Charges. All Charges are facilitated through a third-party payment processing service. JoGlob may add or replace its third-party payment processing services without notice to you. Charges shall only be made through the JoGlob Program. With the exception of tips, cash payments are strictly prohibited.

  • No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the JoGlob Program, any disruption to the JoGlob Program or Services, or any other reason whatsoever.

  • Credits and Trip Discounts. You may receive credits (“JoGlob Credits”) or Trip discounts (“Trip Discounts”) that you can apply toward payment of certain Charges upon completion of a Trip. JoGlob Credits and Trip Discounts are only valid for use on the JoGlob Program, and are not transferable or redeemable for cash except as required by law. JoGlob Credits and Trip Discounts cannot be combined, and if the cost of your Trip exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Trip. Trip Discounts only apply to the Fare, not the Service Fee or other charges. If you split payment for a Trip with another Passenger, your JoGlob Credits or Trip Discount will only apply to your portion of the Charges. Additional restrictions on JoGlob Credits and Trip Discounts may apply as communicated to you in a relevant promotion or by clicking on the relevant JoGlob Credit or Trip Discount within the Payments section of the JoGlob App.

  • Credit Card Authorization. Upon addition of a new payment method or each Trip request, JoGlob may seek authorization of your selected payment method to verify the payment method, ensure the Trip cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.

Payments

If you are an Independent Driver, you will receive payment for your provision of Services. All Fare payments are subject to a JoGlob Commission, discussed below. You will also receive any tips provided by Passenger to you, and tips will not be subject to any JoGlob Commission. JoGlob will process all payments due to you through its third-party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.

  • Commission. In exchange for permitting you to offer your Services through the JoGlob Program and marketplace as an Independent Driver, you agree to pay JoGlob (and permit JoGlob to retain) a fee based on each transaction in which you provide Services (the “Commission”). The amount of the applicable Commission will be communicated to you in a Commission schedule through the Independent Driver portal. JoGlob reserves the right to change the Commission at any time in JoGlob’s discretion based upon local market factors, and JoGlob will provide you with notice in the event of such change. Continued use of the JoGlob Program after any such change in the Commission calculation shall constitute your consent to such change.

  • Pricing. You expressly authorize JoGlob to set the prices on your behalf for all Charges that apply to the provision of Services. JoGlob reserves the right to change the Fare schedule at any time in our discretion based upon local market factors, and we will provide you with notice in the event of changes to the base fare, per mile, and/or per minute amounts that would result in a change in the applicable Fares. Charges may be subject to maximum limits as set forth in your market’s JoGlob Cities page or the JoGlob Help Center.

  • Fare Adjustment. JoGlob reserves the right to adjust or withhold all or a portion of Fares if it believes that (i) you have attempted to defraud or abuse JoGlob or JoGlob’s payment systems, (ii) in order to resolve a Passenger complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Services in the JoGlob application when the Trip was over). JoGlob’s decision to adjust or withhold the Fare in any way shall be exercised in a reasonable manner.

  • Express Pay. If you elect to receive payments through JoGlob’s Express Pay feature (which JoGlob may offer to you in its sole discretion), you acknowledge that you will be charged a fee for this Express Pay service as described by JoGlob prior to confirmation.

JoGlob Communications

By becoming a Program User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from JoGlob, its affiliated companies and/or Independent Drivers, may include but are not limited to: operational communications concerning your Program User account or use of the JoGlob Program or Services, updates concerning new and existing features on the JoGlob Program, communications concerning promotions run by us or our third- party partners, and news concerning JoGlob and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO ?????? FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE JOGLOB PROGRAM OR THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM JOGLOB (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO ??????? FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE JOGLOB PROGRAM OR THE SERVICES.

Your Information

Your Information is any information you provide, publish or post to or through the JoGlob Program (including any profile information you provide) or send to other Program Users (including via in-application feedback, any email feature, or through any JoGlob-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a Program User account that will allow you to use the JoGlob Program and participate in the Services. Our collection and use of personal information in connection with the JoGlob Program and Services is as provided in JoGlob’s Privacy Policy located at www.JoGlob.com/privacy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable JoGlob to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. JoGlob does not assert any ownership over your Information; rather, as between you and JoGlob, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You may be able to create or log-in to your JoGlob Program User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”). By connecting to JoGlob through an SNS Account, you understand that JoGlob may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the JoGlob Program to other Program Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.

Promotions and Referral Programs

JoGlob, at its sole discretion, may make available promotions with different features to any Program Users or prospective Program Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with JoGlob. JoGlob reserves the right to withhold or deduct credits or benefits obtained through a promotion the event that JoGlob determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

As part of your Program User account, JoGlob may provide you with or allow you to create a “JoGlob Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred Program User”) to become new JoGlob Passengers (“Referred Passengers”) or Independent Drivers (“Referred Independent Drivers”). JoGlob Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your JoGlob Code. You are prohibited from advertising JoGlob Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. JoGlob reserves the right to deactivate or invalidate any JoGlob Code at any time in JoGlob’s discretion.

From time to time, JoGlob may offer you with incentives to refer new Program Users to the JoGlob community (the “Referral Program”). These incentives may come in the form of JoGlob Credits, and JoGlob may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of JoGlob Codes and participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.

Restricted Activities

With respect to your use of the JoGlob Program and your participation in the Services, you agree that you will not:

  1. impersonate any person or entity;

  2. stalk, threaten, or otherwise harass any person, or carry any weapons;

  3. violate any law, statute, rule, permit, ordinance or regulation;

  4. interfere with or disrupt the Services or the JoGlob Program or the servers or networks connected to the JoGlob Program;

  5. post Information or interact on the JoGlob Program or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;

  6. use the JoGlob Program in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

  7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

  8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the JoGlob Program;

  9. frame” or “mirror” any part of the JoGlob Program, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or

  10. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the JoGlob Program or any software used on or for the JoGlob Program;

  11. rent, lease, lend, sell, redistribute, license or sublicense the JoGlob Program or access to any portion of the JoGlob Program;

  12. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the JoGlob Program or its contents;

  13. link directly or indirectly to any other web sites;

  14. transfer or sell your Program User account, password and/or identification to any other party

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

  16. cause any third party to engage in the restricted activities above.

Independent Driver Representations, Warranties and Agreements

By providing Services as an Independent Driver on the JoGlob Program, you represent, warrant, and agree that:

  1. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Passengers in all jurisdictions in which you provide Services.

  2. You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.

  3. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as an Independent Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the JoGlob community or third parties.

  4. You will only provide Services using the vehicle that has been reported to, and approved by JoGlob, and for which a photograph has been provided to JoGlob, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).

  5. You will not make any misrepresentation regarding JoGlob, the JoGlob Program, the Services or your status as an Independent Driver.

  6. You will not, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for Trips (except as expressly provided in this Agreement), demand that a Trip pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.

  7. You will not attempt to defraud JoGlob or Passengers on the JoGlob Program or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Fares or other payments for the Trip(s) in question.

  8. You will make reasonable accommodation for Passengers and/or for service animals, as required by law

  9. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

  10. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.

  11. You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.

Intellectual Property

All intellectual property rights in the JoGlob Program shall be owned by JoGlob absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the JoGlob Program are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of JoGlob. JoGlob shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

JOGLOB and other JoGlob logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of JoGlob in the United States and/or other countries (collectively, the “JoGlob Marks”). If you provide Services as a Driver, JoGlob grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the JoGlob Marks solely in connection with providing the Services through the JoGlob Program (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without JoGlob’s prior written permission, which it may withhold in its sole discretion. The JoGlob Marks may not be used in any manner that is likely to cause confusion.

You acknowledge that JoGlob is the owner and licensor of the JoGlob Marks, including all goodwill associated therewith, and that your use of the JoGlob Marks will confer no additional interest in or ownership of the JoGlob Marks in you but rather inures to the benefit of JoGlob. You agree to use the JoGlob Marks strictly in accordance with JoGlob’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that JoGlob determines to nonconforming or otherwise unacceptable.

You agree that you will not: (1) create any materials that incorporate the JoGlob Marks or any derivatives of the JoGlob Marks other than as expressly approved by JoGlob in writing; (2) use the JoGlob Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the JoGlob Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair JoGlob’s rights as owner of the JoGlob Marks or the legality and/or enforceability of the JoGlob Marks, including, without limitation, challenging or opposing JoGlob’s ownership in the JoGlob Marks; (4) apply for trademark registration or renewal of trademark registration of any of the JoGlob Marks, any derivative of the JoGlob Marks, any combination of the JoGlob Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the JoGlob Marks; (5) use the JoGlob Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

Violation of any provision of this License may result in immediate termination of the License, in JoGlob’s sole discretion. If you create any materials bearing the JoGlob Marks (in violation of this Agreement or otherwise), you agree that upon their creation JoGlob exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the JoGlob Marks or derivative works based on the JoGlob Marks. You further agree to assign any interest or right you may have in such materials to JoGlob, and to provide information and execute any documents as reasonably requested by JoGlob to enable JoGlob to formalize such assignment.

JoGlob respects the intellectual property of others, and expects Program Users to do the same. If you believe, in good faith, that any materials on the JoGlob Program or Services infringe upon your copyrights, please visit Copyright Policy page for information on how to make a copyright complaint.

Disclaimers

The following disclaimers are made on behalf of JoGlob, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

JoGlob does not provide transportation services, and JoGlob is not a transportation carrier. It is up to the Independent Driver to decide whether or not to offer services to a Passenger contacted through the JoGlob Program, and it is up to the Passenger to decide whether or not to accept services from any Independent Driver contacted through the JoGlob Program. We cannot ensure that an Independent Driver or Passenger will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.

The JoGlob Program is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the JoGlob Program and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the JoGlob Program or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the JoGlob Program will be corrected, or that the JoGlob Program is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the JoGlob Program or Services.

We cannot guarantee that each Passenger is who he or she claims to be. Please use common sense when using the JoGlob Program and Services, including looking at the photos of the Independent Driver or Passenger you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the JoGlob Program by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Independent Driver or Passenger prior to engaging in an arranged transportation service.

JoGlob is not responsible for the conduct, whether online or offline, of any Program User of the JoGlob Program or Services. You are solely responsible for your interactions with other Program Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Independent Drivers or Passengers. By using the JoGlob Program and participating in the Services, you agree to accept such risks and agree that JoGlob is not responsible for the acts or omissions of Program Users on the JoGlob Program or participating in the Services.

JoGlob expressly disclaims any liability arising from the unauthorized use of your Program User account. Should you suspect that any unauthorized party may be using your Program User account, or you suspect any other breach of security, you agree to notify us and your credit provider immediately.

It is possible for others to obtain information about you that you provide, publish or post to or through the JoGlob Program (including any profile information you provide), send to other Program Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Program Users on the JoGlob Program or through the Services. Please carefully select the type of information that you post on the JoGlob Program or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Program Users (including unauthorized Program Users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning JoGlob or made available through the JoGlob Program, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will JoGlob be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the JoGlob Program or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the JoGlob Program and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Program Users or others.

Location data provided by the JoGlob Program is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither JoGlob, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the JoGlob Program. Any of your Information, including geolocation data, you upload, provide, or post on the JoGlob Program may be accessible to JoGlob and certain Program Users of the JoGlob Program.

JoGlob advises you to use the JoGlob Program with a data plan with unlimited or very high data usage limits, and JoGlob shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the JoGlob Program.

This paragraph applies to any version of the JoGlob Program that you acquire from the Apple App Store. This Agreement is entered into between you and JoGlob. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the JoGlob Program. JoGlob, not Apple, is solely responsible for the JoGlob Program and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End Program User License Agreement, for purposes of which, you are “the end-Program User.” In the event of a conflict in the terms of the Licensed Application End Program User License Agreement and this Agreement, the terms of this Agreement shall control.

State and Local Disclosures

Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.JoGlob.com/terms/disclosures. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.

Indemnity

You will defend, indemnify, and hold JoGlob including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the JoGlob Program and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, without limitation, Independent Drivers, Passengers, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the JoGlob Program or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as an Independent Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Limitation of Liability

IN NO EVENT WILL JOGLOB, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “JOGLOB” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE JOGLOB PROGRAM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE JOGLOB PROGRAM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE JOGLOB PROGRAM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT JOGLOB HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THEIR TERMS. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Term and Termination

This Agreement is effective upon your creation of a Program User account. This Agreement may be terminated: a) by Program User, without cause, upon seven (7) days’ prior written notice to JoGlob; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, JoGlob may terminate this Agreement or deactivate your Program User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below JoGlob’s star rating or cancellation threshold; (3) JoGlob has the good faith belief that such action is necessary to protect the safety of the JoGlob community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to JoGlob’s reasonable satisfaction prior to JoGlob permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to JoGlob’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

(a) Agreement to Binding Arbitration between You and JoGlob.

YOU AND JOGLOB MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with JoGlob ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and JoGlob, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND JOGLOB. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the JoGlob Program, the Services, any other goods or services made available through the JoGlob Program, your relationship with JoGlob, the threatened or actual suspension, deactivation or termination of your Program User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by JoGlob, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by JoGlob and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND JOGLOB ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

(b) Prohibition of Class Actions and Non-Individualized Relief.

YOU UNDERSTAND AND AGREE THAT YOU AND JOGLOB MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND JOGLOB BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST JOGLOB, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

(c) Representative PAGA Waiver.

Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and JoGlob agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and JoGlob agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

(d) Rules Governing the Arbitration.

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event, shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.

As part of the arbitration, both you and JoGlob will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Passengers or Drivers, but is bound by rulings in prior arbitrations involving the same Trip or Driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.

(e) Arbitration Fees and Awards.

The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:

  1. If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection (k) below and are otherwise required to pay a filing fee under the relevant AAA Rules, JoGlob agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to JoGlob, JoGlob will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.

  2. If JoGlob initiates arbitration under this Arbitration Agreement, JoGlob will pay all AAA filing and arbitration fees.

  3. With respect to any Claims brought by JoGlob against a Driver, or for Claims brought by a Driver against JoGlob that: (A) are based on an alleged employment relationship between JoGlob and a Driver; (B) arise out of, or relate to, JoGlob’s actual deactivation of a Driver’s Program User account or a threat by JoGlob to deactivate a Driver’s Program User account; (C) arise out of, or relate to, JoGlob’s actual termination of a Driver’s Agreement with JoGlob under the termination provisions of this Agreement, or a threat by JoGlob to terminate a Driver’s Agreement; or (D) arise out of, or relate to, Fares (as defined in this Agreement, including JoGlob’s commission on the Fares), tips, or average hourly guarantees owed by JoGlob to Drivers for Services, other than disputes relating to referral bonuses, other JoGlob promotions, or consumer-type disputes (the subset of Claims in subsections (A)-(D) shall be collectively referred to as “Driver Claims”), JoGlob shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by JoGlob pursuant to the fee provisions above). However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Services to Passengers, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e) (1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator.

  4. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).

  5. At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.

  6. Although under some laws JoGlob may have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, JoGlob agrees that it will not seek such an award.

  7. If the arbitrator issues you an award that is greater than the value of JoGlob’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then JoGlob will pay you the amount of the award or U.S. $1,000, whichever is greater.

(f) Location and Manner of Arbitration.

Unless you and JoGlob agree otherwise, any arbitration hearings between JoGlob and a Passenger will take place in the county of your billing address, and any arbitration hearings between JoGlob and a Driver will take place in the county in which the Independent Driver provides Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for an AAA arbitration. If your Claim is for $10,000 or less, JoGlob agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

(g) Exceptions to Arbitration.

This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of law.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration, however you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

(h) Severability.

In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

(i) Independent Driver Claims in Pending Settlement.

If you are a member of a putative class in a lawsuit against JoGlob involving Independent Driver Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Driver Claims in that particular class action. Instead, your Driver Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.

(j) Opting Out of Arbitration for Driver Claims That Are Not In a Pending Settlement Action.

As an Independent Driver, you may opt out of the requirement to arbitrate Driver Claims defined in Section 17(e) (3) (except as limited by Section 17(i) above) pursuant to the terms of this subsection. If you do not wish to be subject to this Arbitration Agreement with respect to Driver Claims, you may opt out of arbitration with respect to such Driver Claims, other than those in a Pending Settlement Action, by notifying JoGlob in writing of your desire to opt out of arbitration for such Driver Claims, which writing must be dated, signed and delivered by: (1) electronic mail to arbitrationoptout@JoGlob.com, or (2) by certified mail, postage prepaid and return receipt requested, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) that is addressed to:

JoGlob, Inc. 660 East 250th Street Euclid, Ohio 44132

In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Agreement with respect to Driver Claims that are not part of a Pending Settlement Action, (B) the writing must include the name, phone number, and email address associated with your Program User Account, and (C) the email or envelope containing the signed writing must be sent within 30 days of the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and JoGlob shall be bound by the terms of this Arbitration Agreement in full (including with respect to Driver Claims that are not part of a Pending Settlement Action). As provided in paragraph 17(i) above, any opt out that you submit shall not apply to any Driver Claims that are part of a Pending Settlement Action and your Driver Claims in any such Pending Settlement Action shall continue to be governed by the arbitration provisions that are contained in the applicable JoGlob Terms of Use that you agreed to prior to the effective date of this Agreement.

Cases have been filed against JoGlob and may be filed in the future involving Driver Claims. You should assume that there are now, and may be in the future, lawsuits against JoGlob alleging class, collective, and/or representative Driver Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Driver Claims with JoGlob under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against JoGlob in an individual arbitration provision, except for the Driver Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Driver Claims under this Arbitration Agreement.

(k) Optional Pre-Arbitration Negotiation Process.

Before initiating any arbitration or proceeding, you and JoGlob may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and JoGlob. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to JoGlob’s business, operations and properties, including Program User information (“Confidential Information”) disclosed to you by JoGlob for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of JoGlob in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to JoGlob with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by JoGlob or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of JoGlob; becomes known to you, without restriction, from a source other than JoGlob without breach of this Agreement by you and otherwise not in violation of JoGlob’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to JoGlob to enable JoGlob to seek a protective order or otherwise prevent or restrict such disclosure.

Relationship with JoGlob

As an Independent Driver on the JoGlob Program, you acknowledge and agree that you and JoGlob are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and JoGlob expressly agree expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and JoGlob; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind JoGlob, and you undertake not to hold yourself out as an employee, agent or authorized representative of JoGlob.

JoGlob does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the JoGlob Program. You retain the option to accept or to decline or ignore a Passenger’s request for Services via the JoGlob Program, or to cancel an accepted request for Services via the JoGlob Program, subject to JoGlob’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, JoGlob shall have no right to require you to: (a) display JoGlob’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying JoGlob’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.

Other Services

In addition to connecting Passengers with Independent Drivers, the JoGlob Program may enable Program Users to provide or receive goods or services from other third parties. For example, Program Users may be able to use the JoGlob Program to order a delivery of goods, purchase a digital item, request a carpool Trip from a commuter going in your direction, or when travelling outside of the United States, to connect with local transportation Programs and request Trips from local drivers (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the JoGlob Program, you authorize JoGlob to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that JoGlob is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the JoGlob Program.

General

Except as provided in Section 17, this Agreement shall be governed by the laws of the State of Ohio without regard to choice of law principles. This choice of law provision is only intended to specify the use of Ohio law to interpret this Agreement and is not intended to create any other substantive right to non-Ohio residents to assert claims under Ohio law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by JoGlob, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to JoGlob shall be given by certified mail, postage prepaid and return receipt requested to JoGlob, Inc., 660 East 250th Street Euclid, Ohio 44132. Any notices to you shall be provided to you through the JoGlob Program or given to you via the email address or physical address you provide to JoGlob during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and JoGlob with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If you have any questions regarding the JoGlob Program or Services, please contact our Customer Support Team through our Help Center.

JoGlob Privacy Policy

At JoGlob, we want to connect people through transportation and bring communities together. In this privacy policy, we tell you what information we receive from JoGlob passenger and Independent drivers, and how we use it to connect Passengers with drivers and continue to improve our services. Below, we explain how you can share with other Passengers and drivers in the JoGlob community as part of our mission to bring people together.

Scope of this Privacy Policy

JoGlob (“JoGlob,” “we,” “our,” and/or “us”) values the privacy of individuals who use our application, websites, and related services (collectively, the “JoGlob Program”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from JoGlob Program Users (“Program Users”), comprised of both JoGlob Passengers (“Passengers”) and JoGlob drivers (including Driver applicants) (“Drivers”). Beyond the Privacy Policy, your use of JoGlob is also subject to our Terms of Service (www.JoGlob.com/terms).

Information We Collect

A. Information You Provide to Us

Registration Information. When you sign up for a JoGlob account, you give us your name, email address, and phone number. If you decide to sign up for JoGlob using your Facebook account, we will also get basic information from your Facebook profile like your name, gender, profile photo, and Facebook friends.

Program User Profile Information. When you join the JoGlob community, you can create a JoGlob Profile to share fun facts about yourself, and discover mutual friends and interests. Filling out a profile is optional, and you can share as little or as much as you want. Your name (and for Drivers, Profile photos) is always part of your Profile. Read more below about how you can control who sees your Profile. You can also add a Business Profile to your account, which requires a designated business email address and payment method.

Payment Method. When you add a credit card or payment method to your JoGlob account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.

Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.

Independent Driver Application Information. If you decide to join our JoGlob driver community, in addition to the basic registration information we ask you for your date of birth, physical address, Social Security number, driver’s license information, vehicle information, car insurance information, and in some jurisdictions we may collect additional business license or permitting information. We share this information with our partners who help us by running background checks on Drivers to help protect the JoGlob community.

Payment Information. To make sure Independent Drivers get paid, we keep information about Drivers’ bank routing numbers, tax information, and any other payment information provided by Drivers.

B. Information We Collect When You Use the JoGlob Program

Location Information. JoGlob is all about connecting Independent Drivers and Passengers. To do this, we need to know where you are. When you open JoGlob on your mobile device, we receive your location. We may also collect the precise location of your device when the app is running in the foreground or background. If you label certain locations, such as “home” and “work,” we receive that information, too.

Your location information is necessary for things like matching Passengers with nearby Independent Drivers, determining drop off and pick up locations, and suggesting destinations based on previous trips. Also, if the need ever arises, our Trust & Safety team may use and share location information to help protect the safety of JoGlob Program Users or a member of the public. In addition to the reasons described above, Independent Drivers’ location information and distance travelled is necessary for calculating charges and insurance for JoGlob Trips. If you give us permission through your device settings or JoGlob app, we may collect your location while the app is off to identify promotions or service updates in your area.

Device Information. JoGlob receives information from Program Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens, and, if you register with your Facebook account, your Facebook identifier. We collect mobile sensor data from Independent Drivers’ devices (such as speed, direction, height, acceleration or deceleration) to improve location accuracy and analyze usage patterns.

Usage Information. To help us understand how you use the JoGlob Program and to help us improve it, we automatically receive information about your interactions with the JoGlob Program, like the pages or other content you view, your actions within the JoGlob app, and the dates and times of your visits.

Call and Text Information. We work with a third-party partner to facilitate phone calls and text messages between Passengers and Independent Drivers who have been connected for a Trip. We receive information about these communications including the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages. For security purposes, we may also monitor and/or record the contents of phone calls made on the JoGlob Program, such as those between Passengers and Independent Drivers. You will be given notice that your call may be recorded, and by proceeding you agree to allow JoGlob to monitor and/or record your call.

Program User Feedback. At JoGlob, we want to make sure Program Users are always enjoying great Trips. Passengers and Independent Drivers may rate and review each other at the end of every Trip. We receive information about ratings and reviews and, as we explain below, give Passengers information about Independent Drivers’ ratings and reviews and vice versa.

Address Book Contacts. If you permit JoGlob to access the address book on your device through the permission system used by your mobile Program, we may access and store names and contact information from your address book to facilitate invitations and social interactions that you initiate through our Program and for other purposes described in this privacy policy or at the time of consent or collection.

Information from Cookies and Similar Technologies. We collect information through the use of “cookies”, tracking pixels, and similar technologies to understand how you navigate through the JoGlob Program and interact with JoGlob advertisements, to learn what content is popular, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the JoGlob Program. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of the JoGlob Program.

C. Information We Collect from Third Parties

Third Party Services. If you choose to register for JoGlob or otherwise link your JoGlob account with a third party’s service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services.

Third Party Partners. We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party partners and combine it with other information that we have about you.

Enterprise Programs. If your company, university, or organization participates in one of our enterprise programs such as JoGlob for Work, we may receive information about you, such as your email address, from your participating organization. We also may give your participating organization the opportunity to request a Trip on your behalf, in which case they may provide us with your name, phone number, and the pickup and drop off location for your Trip.

Background Information on Drivers. JoGlob works with third party partners to perform driving record and criminal background checks on Drivers, and we receive information from them such as publicly available information about a Driver’s driving record or criminal history.

How We Use the Information We Collect

We use the information we collect from all Program Users to:

  • Connect Passengers with Drivers;

  • Provide, improve, expand, and promote the JoGlob Program;

  • Analyze how the JoGlob community uses the JoGlob Program;

  • Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;

  • Personalize the JoGlob experience for you and your friends and contacts;

  • Send you text messages and push notifications;

  • Facilitate transactions and payments;

  • Provide you with customer support;

  • Find and prevent fraud; and

  • Respond to trust and safety issues that may arise, including auto incidents, disputes between Passengers and Drivers, and requests from government authorities.

Additionally, we use the information we collect from Independent Drivers for the following purposes related to driving on the JoGlob Program:

  • Sending emails and text messages to Drivers who have started the driver application process regarding the status of their application;

  • Determining an Independent Driver’s eligibility to drive for JoGlob

  • Notifying Drivers about Trip demand, pricing and service updates; and

  • Calculating and providing JoGlob’s auto insurance policy and analyzing usage patterns for safety and insurance purposes.

How We Share the Information We Collect

A. Sharing Between Program Users

Sharing between Passengers and Independent Drivers. Passengers and Independent Drivers that have been matched for a Trip are able to see basic information about each other, such as names, photo, ratings, and any information they have added to their Profiles. Passengers and Independent Drivers who connect their JoGlob accounts to Facebook will also be able to see their mutual Facebook friends during the Trip. Independent Drivers see the pick-up location that the Trip has provided. Passengers see an Independent Driver’s vehicle information and real-time location as the Independent Driver approaches the pick-up location. Passengers’ ratings of Independent Driver are shared with Independent Driver on a weekly basis. We de-identify the ratings and feedback, but we can’t rule out that a driver may be able to identify the Trip that provided the rating or feedback.

Although we help Passengers and Independent Driver communicate with one another to arrange a pickup, we do not share your actual phone number or other contact information with other Program Users. If you report a lost or found item to us, we will seek to connect you with the relevant Trip or Independent Driver, including sharing actual contact information with your permission.

Sharing between JoGlob Line Passengers. If you use JoGlob Line, Passengers who have been matched with you will be able to see your name, photo and any information you have added to your Profile. If you connect your JoGlob account to Facebook (such as by signing up through Facebook), we may show your mutual friends with other Passengers who are also connected via Facebook. During the JoGlob Line matching process we may show photos of possible matches to you and other Passengers.

B. Sharing Between JoGlob and Third Parties

API and Integration Partners. If you connect to the JoGlob Program through an integration with a third-party service, we may share information about your use of the JoGlob Program with that third party. We may share your information with our third-party partners in order to receive additional information about you. We may also share your information with third party partners to create offers that may be of interest to you.

Third Party Services. The JoGlob Program may allow you to connect with other websites, products, or services that we don’t have control over (for example, we may give you the ability to order a food delivery from a restaurant from within the JoGlob app). If you use these services, we will provide the third party with information about you to allow them to provide the service to you (for example, we would give the restaurant your name, phone number and address to drop off the food). We can’t speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.

Service Providers. We work with third party service providers to perform services on our behalf, and we may share your information with such service providers to help us provide the JoGlob Program, including all of the things described in Section 3 above.

Enterprise Partners. If you participate in an enterprise program and charge a Trip to your organization’s billing method or credits, we will provide your organization’s account holder with information about your use of the JoGlob Program, including Trip details such as date, time, charge, and pick up and drop off locations. If you create a Business Profile, at the end of each Trip you will have the option to designate the Trip as a business Trip. If you do so, and your organization has a corporate account with JoGlob, we may share information about your use of JoGlob Program with your organization including Trip details such as date, time, charge, and region of the trip. If you change organizations, it is your responsibility to update your Business Profile with the new information. (Please remember to check and set your designation settings accordingly.) If you integrate your account with an expense Program (like Concur) we will share the Trip details to your expense account.

International Partners. We’ve partnered with several Trip-sharing services around the globe, so Passengers can continue to find Trips when they open the JoGlob app abroad, and Independent Driver can provide services to international travelers in the U.S. When we match a Trip with the partner, we share the same information that is shared between matched Passengers and Independent Driver on the JoGlob Program. In some cases, we are unable to mask your phone number if you call an international driver, so please keep that in mind before using this feature.

Other Sharing. We may share your information with third parties in the following cases:

  • While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets;

  • If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process;

  • With law enforcement officials, government authorities, or third parties if we think doing so is necessary to protect the rights, property, or safety of the JoGlob community, JoGlob, or the public (you can read more about this in our Law Enforcement Request policy);

  • To comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures.

  • If you signed up for a promotion with another Program User’s referral or promotion code, with your referrer to let them know about your redemption of or qualification for the promotion;

  • With our insurance partners to help determine and provide relevant coverage in the event of an incident;

  • To provide information about the use of the JoGlob Program to potential business partners in aggregated or de-identified form that can’t reasonably be used to identify you; and

  • Whenever you consent to the sharing.

Your Choices

Email Subscriptions. You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your account use of the JoGlob Program.

Text Messages. You can opt out of receiving commercial or promotional text messages by texting the word END to XXXXX from the mobile device receiving the messages. You may also opt out of receiving all texts from JoGlob (including transactional or relational messages) by texting the word STOPALL to XXXXX from the mobile device receiving the messages, however, opting out of receiving all texts may impact your use of the JoGlob Program. Drivers can also opt out of driver-specific messages by texting STOP in response to a driver SMS. To re-enable texts, you can text START in response to an unsubscribe confirmation SMS.

Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the JoGlob Program (such as receiving a notification that your Trip has arrived).

Profile Information. While your name will always be shared with Independent Driver and fellow JoGlob Line Passengers, you can delete any additional information that you added to your Profile at any time if you don’t want Independent Driver and JoGlob Line Passengers to see it. Passengers will always be able to see Independent Driver’ names, rating, profile photos, and vehicle information.

Location Information. While you can prevent your device from sharing location information at any time through your Device’s operating system settings, Trip and Independent Driver location is core to the JoGlob Program and without it we can’t provide our services to you.

Facebook Friends. You can control whether to enable or disable the Facebook mutual friends feature through your profile settings.

Editing and Accessing Your Information. You can review and edit certain account information by logging in to your account settings and profile (Drivers may edit additional information through the Driver portal). If would like to terminate your JoGlob account, please contact us through our Help Center with your request. If you choose to terminate your account, we will deactivate it for you but may retain information from your account for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy for accounts that are not closed. We also may retain information from your account to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the JoGlob Program, assist with any investigations, prevent fraud, enforce our Terms of Service, or take other actions as required or permitted by law.

Other

Data Security. We are committed to protecting the data of the JoGlob community. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.

Children’s Privacy. JoGlob is not directed to children, and we don’t knowingly collect personal information from children under 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 13 has given us personal information, please contact us at our Help Center.

Changes to Our Privacy Policy. We may make changes to this Privacy Policy from time to time. If we make any material changes, we will let you know through the JoGlob Program, by email, or other communication. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices. As long as you use the JoGlob Program, you are agreeing to this Privacy Policy and any updates we make to it.

Contact Information. Feel free to contact us at any time with any questions or comments about this Privacy Policy, your personal information, our use and sharing practices, or your consent choices by contacting our Help Center.