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`EXHIBIT I
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`5/13/2021
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`Lyft Terms of Service
`Case 2:21-cv-00072-JRG-RSP Document 67-10 Filed 05/27/21 Page 2 of 36 PageID #:
`1780
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`Lyft Terms of Service
`
`Last Updated: April 1, 2021
`
`These Terms of Service constitute a legally binding agreement (the “Agreement”)
`between you and Lyft, Inc., its parents, subsidiaries, representatives, affiliates, officers
`and directors (collectively, “Lyft,” “we,” “us” or “our”) governing your use of the Lyft
`application (the “Lyft App”), website, and technology platform (collectively, the “Lyft
`Platform”).
`
`PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN
`HOW CLAIMS BETWEEN YOU AND LYFT CAN BE BROUGHT (SEE SECTION 17
`BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO
`SUBMIT CLAIMS YOU HAVE AGAINST LYFT TO BINDING AND FINAL ARBITRATION
`ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
`CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER OR
`DRIVER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION
`WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 17.
`
`By entering into this Agreement, and/or by using or accessing the Lyft Platform you
`expressly acknowledge that you understand this Agreement (including the dispute
`resolution and arbitration provisions in Section 17) 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 LYFT PLATFORM OR ANY OF
`THE SERVICES PROVIDED THROUGH THE LYFT PLATFORM. If you use the Lyft
`Platform in another country, you agree to be subject to Lyft's terms of service for that
`country.
`
`When using the Lyft Platform, you also agree to conduct yourself in accordance with
`our Community Guidelines, which shall form part of this Agreement between you and
`Lyft.
`
`https://www.lyft.com/terms
`
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`5/13/2021
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`Lyft Terms of Service
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`1. The Lyft Platform
`
`The Lyft Platform provides a marketplace where, among other things, persons who seek
`transportation to certain destinations (“Riders”) can be matched with transportation options to such
`destinations. One option for Riders is to request a ride from rideshare drivers who are driving to or
`through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as
`“Users,” and the driving services provided by Drivers to Riders shall be referred to herein as
`“Rideshare Services.” As a User, you authorize Lyft to match you with Drivers or Riders based on
`factors such as your location, the requested pickup location, the estimated time to pickup, your
`destination, User preferences, driver mode, and platform efficiency, and to cancel an existing match
`and/or rematch you with a Driver or Rider based on the same considerations. Any decision by a User
`to offer or accept Rideshare Services is a decision made in such User’s sole discretion. Each
`Rideshare Service provided by a Driver to a Rider shall constitute a separate agreement between
`such persons.
`
`In certain markets, Riders may have the option to rent bikes or scooters through the Lyft Platform to
`ride to their destination. In some markets these bikes and scooters are owned by Lyft. In other
`markets Lyft operates a bike-share or scooter-share program on behalf of third parties. In either
`case, your rental and use of bikes and scooters through the Lyft Platform is subject to additional
`agreements between you and Lyft and third parties as applicable to the particular market
`(“Supplemental Agreements”). Please review any applicable Supplemental Agreements carefully. IF
`YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF A SUPPLEMENTAL
`AGREEMENT, YOU MAY NOT RENT OR USE THE BIKES OR SCOOTERS IN SUCH MARKET. In the
`event of any conflict between this Agreement and the terms and conditions of any Supplemental
`Agreement, the terms of this Agreement shall control.
`
`2. Modification to the Agreement
`
`Lyft reserves the right to modify the terms and conditions of this Agreement, and such modifications
`shall be binding on you only upon your acceptance of the modified Agreement. Lyft reserves the
`right to modify any information on pages referenced in the hyperlinks from this Agreement from time
`to time, and such modifications shall become effective upon posting. Continued use of the Lyft
`Platform or Rideshare Services after any such changes shall constitute your consent to 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).
`
`3. Eligibility
`
`https://www.lyft.com/terms
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`The Lyft Platform may only be used by individuals who have the right and authority to enter into this
`Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein.
`The Lyft Platform is not available to Users who have had their User account temporarily or
`permanently deactivated. You may not allow other persons to use your User account, and you agree
`that you are the sole authorized user of your account. To use the Lyft Platform, each User shall
`create a User account. Each person may only create one User account, and Lyft reserves the right to
`deactivate any additional or duplicate accounts. Your participation in certain Lyft programs and use
`of certain Lyft products or services may be subject to additional eligibility requirements as
`determined by Lyft.
`
`By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding
`the foregoing, if you are the parent or legal guardian of a 16 or 17-year-old minor you may create a
`Lyft account for such minor to use the Lyft Platform subject to the following requirements and
`restrictions: (a) you ensure that the minor’s use of the Lyft Platform is limited solely to accessing and
`using bike-share or scooter-share services where expressly permitted under the Supplemental
`Agreement applicable to such services, (b) you determine that the bike-share and scooter-share
`services are suitable for the minor, (c) you ensure that the minor’s use of the Lyft Platform and
`applicable bike-share or scooter-share services is done in compliance and acknowledgement of all
`applicable safety instructions and warnings in this Agreement, any applicable Supplemental
`Agreements, and the Lyft App, (d) you ensure that the minor does not request or accept any
`Rideshare Services unless accompanied by you or an authorized guardian, (e) you explain the terms
`of this Agreement to the minor, and (f) you expressly guarantee the minor’s acceptance of the terms
`of this Agreement.
`
`By creating a Lyft account for such minor, you hereby give permission and consent to the Agreement
`on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor's use
`of the Lyft Platform as provided by the terms of this Agreement and any applicable Supplemental
`Agreements. You will be responsible for any breach of the above representations, warranties and/or
`this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you
`hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and
`all other parents or legal guardians of the minor rider.
`
`4. Charges
`
`As a Rider, you understand that request or use of Rideshare Services may result in charges to you
`(“Charges”). Charges related to bikes and scooters are addressed in the applicable Supplemental
`Agreement. Charges for Rideshare Services include Fares and other applicable fees, tolls,
`surcharges, and taxes as set forth on your market’s Lyft Cities page (www.lyft.com/cities), plus any
`tips to the Driver that you elect to pay. Lyft has the authority and reserves the right to determine and
`modify pricing by posting applicable pricing terms to your market’s Lyft Cities page or quoting you a
`price for a specific ride at the time you make a request. Pricing may vary based on the type of
`service you request (e.g., shared, economy, extra seats, luxury) as described on your market’s Lyft
`
`https://www.lyft.com/terms
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`Cities page. You are responsible for reviewing the applicable Lyft Cities page or price quote within
`the Lyft App and shall be responsible for all Charges incurred under your User account regardless of
`your awareness of such Charges or the amounts thereof.
`
`Fares. There are two types of Fares, variable and quoted.
`
`Variable Fares. Variable fares consist of a base charge and incremental charges based on the
`duration and distance of your ride. For particularly short rides, minimum fares may apply.
`Please note that we use GPS data from your Driver’s phone to calculate the distance traveled
`on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we
`will calculate time and distance using available data from your ride.
`Quoted Fares. In some cases Lyft may quote you a Fare at the time of your request. The quote
`is subject to change until the ride request is confirmed. If during your ride you change your
`destination, make multiple stops, or attempt to abuse the Lyft Platform, we may cancel the fare
`quote and charge you a variable fare based on the time and distance of your ride. Lyft does not
`guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted
`Fares may include the Fees and Other Charges below, as applicable.
`
`Fees and Other Charges.
`
`Service Fee. You may be charged a “Service Fee” for each ride as set forth on the applicable
`Lyft Cities page.
`Prime Time. At certain times, including times of high demand for Rideshare Services (“Prime
`Time”), you acknowledge that Charges may increase substantially. For all rides with a variable
`fare, we will use reasonable efforts to inform you of any Prime Time increases in effect at the
`time of your request. For Quoted Fares we may factor in the Prime Time increases into the
`quoted price of the ride.
`Cancellation Fee. After requesting a ride you may cancel it through the Lyft 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 ride. Please check out our Help Center to learn more about Lyft’s
`cancellation policy, including applicable fees.
`Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you
`agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as
`determined by Lyft in its sole discretion), towards vehicle repair or cleaning. Lyft reserves the
`right (but is not obligated) to verify or otherwise require documentation of damages prior to
`processing the Damage Fee.
`Tolls. In some instances tolls (or return tolls) may apply to your ride. Please see our Help
`Center and your market’s Lyft 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 Lyft will
`match the toll charged to the Driver, if any.
`Other Charges. Other fees and surcharges may apply to your ride, including: actual or
`anticipated airport fees, state or local fees, or event fees as determined by Lyft or its marketing
`partners. In addition, where required by law Lyft will collect applicable taxes. See your market’s
`Lyft Cities page for details on other Charges that may apply to your ride.
`Tips. Following a ride, you may elect to tip your Driver in cash or through the Lyft Platform. You
`may also elect to set a default tip amount or percentage through the Lyft App. Any tips will be
`provided entirely to the applicable Driver.
`
`https://www.lyft.com/terms
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`General.
`
`Facilitation of Charges. All Charges are facilitated through a third-party payment processor
`(e.g., First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc.). Lyft may replace its third-
`party payment processor without notice to you. Charges shall only be made through the Lyft
`Platform. With the exception of tips, cash payments are strictly prohibited. Your payment of
`Charges to Lyft satisfies your payment obligation for your use of the Lyft Platform and
`Rideshare Services. Certain Charges may be collectively billed as a single purchase transaction
`to your selected payment method based on the payment frequency indicated in your settings.
`If you don't recognize a transaction, then check your ride receipts and payment history.
`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 Lyft Platform, any disruption to the Lyft
`Platform or Rideshare Services, or any other reason whatsoever.
`Coupons. You may receive coupons that you can apply toward payment of certain Charges
`upon completion of a Ride. Coupons are only valid for use on the Lyft Platform, and are not
`transferable or redeemable for cash except as required by law. Coupons cannot be combined
`unless expressly provided otherwise, and if the cost of your ride exceeds the applicable credit
`or discount value we will charge your payment method on file for the outstanding cost of the
`Ride. For quoted or variable fares, Lyft may deduct the amount attributable to the Service Fee,
`Tolls, or Other Charges before application of the coupon. Additional restrictions on coupons
`may apply as communicated to you in a relevant promotion or by clicking on the relevant
`coupon within the Promotions section of the Lyft App.
`Credit Card Authorization. Upon addition of a new payment method or each ride request, Lyft
`may seek authorization of your selected payment method to verify the payment method,
`ensure the ride cost will be covered, and protect against unauthorized behavior. The
`authorization is not a charge, however, it may reduce your available credit by the authorization
`amount until your bank’s next processing cycle. Should the amount of our authorization exceed
`the total funds on deposit in your account, you may be subject to overdraft of NSF charges by
`the bank issuing your debit or prepaid 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.
`
`5. Payments
`
`If you are a Driver, you will receive payment for your provision of Rideshare Services pursuant to the
`terms of the Driver Addendum, which shall form part of this Agreement between you and Lyft.
`
`6. Lyft Communications
`
`By entering into this Agreement or using the Lyft Platform, you agree to receive communications
`from us or communications related to the Lyft Platform at any of the phone numbers provided to Lyft
`by you or on your behalf, including via e-mail, text message, calls, and push notifications. You agree
`
`https://www.lyft.com/terms
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`that texts, calls or prerecorded messages may be generated by automatic telephone dialing
`systems. Communications from Lyft, its affiliated companies and/or Drivers, may include but are not
`limited to: operational communications concerning your User account or use of the Lyft Platform or
`Rideshare Services, use of bikes and scooters through the Lyft Platform, updates concerning new
`and existing features on the Lyft Platform, communications concerning marketing or promotions run
`by us or our third-party partners, and news concerning Lyft and industry developments. If you
`change or deactivate the phone number you provided to Lyft, you agree to update your account
`information to help prevent us from inadvertently communicating with anyone who acquires your old
`number. 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 46080 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 LYFT PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT
`OF ALL TEXTS OR CALLS FROM LYFT (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR
`CALLS), YOU CAN TEXT THE WORD “STOPALL” TO 46080 FROM THE MOBILE DEVICE RECEIVING
`THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS
`MAY IMPACT YOUR USE OF THE LYFT PLATFORM OR RELATED SERVICES.
`
`7. Your Information
`
`Your Information is any information you provide, publish or post to or through the Lyft Platform
`(including any profile information you provide) or send to other Users (including via in-application
`feedback, any email feature, or through any Lyft-related Facebook, Twitter or other social media
`posting) (your “Information”). You consent to us using your Information to create a User account that
`will allow you to use the Lyft Platform and participate in the Rideshare Services. Our collection and
`use of personal information in connection with the Lyft Platform and Rideshare Services is as
`provided in Lyft’s Privacy Policy located at www.lyft.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 Lyft to use your Information for the
`purposes described in the Privacy Policy and this Agreement, 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. Lyft does not assert any ownership over your Information; rather, as between you and Lyft,
`
`https://www.lyft.com/terms
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`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.
`
`8. Promotions, Referrals, and
`Loyalty Programs
`
`Lyft, at its sole discretion, may make available promotions, referral programs and loyalty programs
`with different features to any Users or prospective Users. These promotions and programs, unless
`made to you, shall have no bearing whatsoever on your Agreement or relationship with Lyft. Lyft
`reserves the right to withhold or deduct credits or benefits obtained through a promotion or
`program in the event that Lyft 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 or program terms or this Agreement. Lyft reserves the right to terminate, discontinue or
`cancel any promotions or programs at any time and in its sole discretion without notice to you.
`
`Currently, Lyft’s referral program provides you with incentives to refer your friends and family to
`become new Users of the Lyft Platform in your country (the “Referral Program”). Your participation in
`the Referral Program is subject to this Agreement and the additional Referral Program rules.
`
`9. Restricted Activities
`
`With respect to your use of the Lyft Platform and your participation in the Rideshare Services, you
`agree that you will not:
`
`a. impersonate any person or entity;
`b. stalk, threaten, or otherwise harass any person, or carry any weapons;
`c. violate any law, statute, rule, permit, ordinance or regulation;
`d. interfere with or disrupt the Lyft Platform or the servers or networks connected to the Lyft
`Platform;
`e. post Information or interact on the Lyft Platform or Rideshare Services in a manner which is
`fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
`f. use the Lyft Platform in any way that infringes any third party’s rights, including: intellectual
`property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights
`of publicity or privacy;
`g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt,
`damage, destroy or limit the functionality of the Lyft Platform or any computer software or
`hardware or telecommunications equipment or surreptitiously intercept or expropriate any
`system, data or personal information;
`
`https://www.lyft.com/terms
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`h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any
`information transmitted through the Lyft Platform;
`i. “frame” or “mirror” any part of the Lyft Platform, without our prior written authorization or use
`meta tags or code or other devices containing any reference to us in order to direct any
`person to any other web site for any purpose;
`j. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any
`portion of the Lyft Platform;
`k. rent, lease, lend, sell, redistribute, license or sublicense the Lyft Platform or access to any
`portion of the Lyft Platform;
`l. 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 Lyft Platform or its contents;
`m. link directly or indirectly to any other web sites;
`n. transfer or sell your User account, password and/or identification, or any other User's
`Information to any other party;
`o. discriminate against or harass anyone on the basis of race, national origin, religion, gender,
`gender identity or expression, physical or mental disability, medical condition, marital status,
`age or sexual orientation;
`p. violate any of the Referral Program rules if you participate in the Referral Program; or
`q. cause any third party to engage in the restricted activities above.
`
`10. Driver Representations,
`Warranties and Agreements
`
`By providing Rideshare Services as a Driver on the Lyft Platform, you represent, warrant, and agree
`that:
`
`a. You possess a valid driver’s license and are authorized and medically fit to operate a motor
`vehicle and have all appropriate licenses, approvals and authority to provide transportation to
`Riders in all jurisdictions in which you provide Rideshare Services.
`b. You own, or have the legal right to operate, the vehicle you use when providing Rideshare
`Services; 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; and any and all applicable safety recalls have been remedied per manufacturer
`instructions.
`c. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is
`unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while
`providing Rideshare Services, provide Services as a Driver while under the influence of
`alcohol or drugs, or take action that harms or threatens to harm the safety of the Lyft
`community or third parties.
`d. You will only provide Rideshare Services using the vehicle that has been reported to, and
`approved by Lyft, and for which a photograph has been provided to Lyft, and you will not
`
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`transport more passengers than can securely be seated in such vehicle (and no more than
`seven (7) passengers in any instance).
`e. You will not, while providing the Rideshare Services, operate as a public or common carrier or
`taxi service, accept street hails, charge for rides (except as expressly provided in this
`Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square
`Reader, to accept payment or engage in any other activity in a manner that is inconsistent with
`your obligations under this Agreement.
`f. You will not attempt to defraud Lyft or Riders on the Lyft Platform or in connection with your
`provision of Rideshare Services. If we suspect that you have engaged in fraudulent activity we
`may withhold applicable Fares or other payments for the ride(s) in question and take any
`other action against you available under the law.
`g. You will not discriminate against Riders with disabilities and agree to review Lyft’s Anti-
`Discrimination Policies. You will make reasonable accommodation as required by law and our
`Service Animal Policy and Wheelchair Policy for Riders who travel with their service animals or
`who use wheelchairs (or other mobility devices) that can be folded for safe and secure
`storage in the car’s trunk or backseat.
`h. 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.
`i. 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 Rideshare Services.
`j. You will pay all applicable federal, state and local taxes based on your provision of Rideshare
`Services and any payments received by you.
`
`11. Intellectual Property
`
`All intellectual property rights in the Lyft Platform shall be owned by Lyft absolutely and in their
`entirety. These rights include 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 Lyft Platform are the property of
`their respective owners. You acknowledge and agree that any questions, comments, suggestions,
`ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and
`shall become the sole property of Lyft. Lyft 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.
`
`LYFT and other Lyft logos, designs, graphics, icons, scripts and service names are registered
`trademarks, trademarks or trade dress of Lyft in the United States and/or other countries
`(collectively, the “Lyft Marks”). If you provide Rideshare Services as a Driver, Lyft 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 Lyft Marks solely
`
`https://www.lyft.com/terms
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`on the Lyft stickers/decals, Lyft Amp, and any other Lyft-branded items provided by Lyft directly to
`you in connection with providing the Rideshare Services (“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 Lyft’s prior written
`permission, which it may withhold in its sole discretion. The Lyft logo (or any Lyft Marks) may not be
`used in any manner that is likely to cause confusion, including but not limited to: use of a Lyft Mark in
`a domain name or Lyft referral code, or use of a Lyft Mark as a social media handle or name, avatar,
`profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the Lyft Platform, but
`may not misidentify yourself as Lyft, an employee of Lyft, or a representative of Lyft.
`
`You acknowledge that Lyft is the owner and licensor of the Lyft Marks, including all goodwill
`associated therewith, and that your use of the Lyft logo (or any Lyft Marks) will confer no interest in
`or ownership of the Lyft Marks in you but rather inures to the benefit of Lyft. You agree to use the
`Lyft logo strictly in accordance with Lyft’s Brand Guidelines, as may be provided to you and revised
`from time to time, and to immediately cease any use that Lyft determines to nonconforming or
`otherwise unacceptable.
`
`You agree that you will not: (1) create any materials that use the Lyft Marks or any derivatives of the
`Lyft Marks as a trademark, service mark, trade name or trade dress, other than as expressly
`approved by Lyft in writing; (2) use the Lyft Marks in any way that tends to impair their validity as
`proprietary trademarks, service marks, trade names or trade dress, or use the Lyft Marks other than
`in accordance with the terms, conditions and restrictions herein; (3) take any other action that would
`jeopardize or impair Lyft’s rights as owner of the Lyft Marks or the legality and/or enforceability of the
`Lyft Marks, including, challenging or opposing Lyft’s ownership in the Lyft Marks; (4) apply for
`trademark registration or renewal of trademark registration of any of the Lyft Marks, any derivative of
`the Lyft Marks, any combination of the Lyft Marks and any other name, or any trademark, service
`mark, trade name, symbol or word which is similar to the Lyft Marks; (5) use the Lyft Marks on or in
`connection with any product, service or activity that is in violation of any law, statute, government
`regulation or standard.
`
`You agree you will not rent, lease, lend, sell, or otherwise redistribute the Lyft driver amp, or
`manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic Lyft driver
`amps or other Lyft Marks or (including but not limited to signage, stickers, apparel, or decals) from
`any source other than directly from Lyft.
`
`Violation of any provision of this License may result in immediate termination of the License, in Lyft’s
`sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a
`Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you
`create any materials (physical or digital) bearing the Lyft Marks (in violation of this Agreement or
`otherwise), you agree that upon their creation Lyft exclusively owns all right, title and interest in and
`to such materials, including any modifications to the Lyft Marks or derivative works based on the Lyft
`Marks or Lyft copyrights. You further agree to assign any interest or right you may have in such
`materials to Lyft, and to provide information and execute any documents as reasonably requested
`by Lyft to enable Lyft to formalize such assignment.
`
`https://www.lyft.com/terms
`
`10/35
`
`

`

`Lyft Terms of Service
`5/13/2021
`Case 2:21-cv-00072-JRG-RSP Document 67-10 Filed 05/27/21 Page 12 of 36 PageID #:
`1790
`Lyft respects the intellectual property of others, and expects Users to do the same. If you believe, in
`good faith, that any materials on the Lyft Platform infringe upon your copyrights, please view our
`Copyright Policy for information on how to make a copyright complaint.
`
`12. Disclaimers
`
`The following disclaimers are made on behalf of Lyft, our affiliates, subsidiaries, parents, successors
`and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
`
`Lyft does not provide transportation services, and Lyft is not a transportation carrier. Lyft is not a
`common carrier or public carrier. It is up to the Driver to decide whether or not to offe