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The Fleet Advisory Board was launched in late 2020 to elevate the voice of the MetroSpeedy Fleet with MetroSpeedy leadership.
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MetroSpeedy strictly prohibits sexual and other harassment on our platform. Even if a person’s conduct does not violate state or federal law prohibiting harassment, such conduct may be found by MetroSpeedy to violate this Policy. Our anti-harassment policy applies to all persons who interact with our platform and community, including members of our fleet and our customers.
Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and applicable local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender. Sexual harassment can occur between individuals regardless of their sex or gender.
Sexual harassment may include offensive or unwelcome sexual advances including unwanted sexual advances; leering, gestures, or displaying sexually suggestive objects, pictures, cartoons or posters; derogatory comments, epithets, slurs, or jokes; graphic comments, sexually degrading words, or suggestive or obscene messages or invitations; and physical touching or assault, as well as impeding or blocking movements.
If you are a member of our Fleet and believe you have been subjected to harassment in violation of this Policy, for quick resolution, you should immediately report the incident to our Trust & Safety team. Similarly, customers should also immediately report incidents. Following the receipt of any alleged misconduct, MetroSpeedy will conduct a fair, timely, and thorough investigation to reach a reasonable conclusion based on the information collected.
MetroSpeedy prohibits retaliation against any customer or member of our Fleet who makes a good faith report of harassment, or who participates in an investigation into alleged harassment.
At MetroSpeedy, we get it. We’re here to make your life easier, happier, and better. With tens of millions of deliveries completed using MetroSpeedy, we're growing fast and constantly breaking new ground. Throughout this process, while we're transforming commerce at the local level, we remain committed to building an online marketplace our customers can trust to be as reliable as gravity.
We prioritize the wellbeing of our entire community, and from day one, MetroSpeedy has built safety and security into our product design and network operations. While our specific policies evolve alongside the amazing services we make possible, we’re always listening to and learning from you, the MetroSpeedy community. For this reason, we believe transparency is essential to our continued growth, and so we publish these standards to guide our safety mission and clearly identify conduct that has no place on our platform.
For this reason, these guidelines are designed to safeguard everybody who uses MetroSpeedy.
No one should feel unsafe using MetroSpeedy, and we will take immediate action to prevent and prohibit the following behavior:
No one using MetroSpeedy should be subject to physical or sexual abuse, harassment, domestic violence, robbery, human trafficking, or other acts of violence.
No one using MetroSpeedy should engage in unwanted contact with other members of the community during or after a delivery. Unwanted contact includes, but is not limited to, verbal or written communications, the sending of unwanted orders and actual or threatened physical contact. Remember, MetroSpeedy provides a secure and anonymous method for Customers and MetroSpeedy to communicate through the MetroSpeedy app without exchanging personal numbers.
Everybody using MetroSpeedy should be treated with respect, and no one should use MetroSpeedy to discriminate against others based on their race, ethnicity, national origin, religion, disability, sexual orientation, sex, marital status, gender, gender identity, age or any other category protected under applicable law.
You should not take property that doesn’t belong to you or destroy or vandalize the property of a customer, a merchant, or any other person.
You should not request tips or make transactions outside of MetroSpeedy systems, commit credit card fraud, abuse our referrals system or make false claims against othermembers of the MetroSpeedy community. You should not request or share personal information with the intent to blackmail or shame others.
You should not provide a false name or date of birth, allow unapproved individuals with access to your account with the intent on engaging in MetroSpeedy services, create duplicate accounts or create an account if you are under the age of 18.
*This is a promotional offer and is not a promise or guarantee of future earnings. This offer is available only to current drivers who (i) receive this offer directly from MetroSpeedy; (ii) are cleared to drive with MetroSpeedy; and (iii) complete the number of tasks. Offer terms may vary by location and are subject to change.
Earnings from your fares (after service fees and certain charges are deducted, such as city or local government charges) are included toward your guarantee offer amount; any tips or other promotions you make are on top of that amount. If you complete the required number of tasks within the required time period and you earn less than the guarantee offer amount, then you'll receive the difference.
For example, if your guarantee offer amount is $1,000 and you earn $800 in fares, an additional $100 in tips, and an additional $50 in promotions (for a total of $950), you would receive an additional $200 because your fares didn't meet the guarantee offer amount.
Any offer payments due will be added to your account after you complete the required tasks. MetroSpeedy reserves the right to withhold or deduct offer payments that it determines or believes were in error, fraudulent, illegal, or in violation of the driver terms or these terms. Limited time offer.
Our guidelines were developed to help make every experience feel safe, respectful, and positive. They apply to everyone who uses any of our services, including drivers and customers. Thank you for joining us to support and safeguard a welcoming environment.
The guidelines below help explain some of the specific kinds of behavior or circumstances that may cause you to lose access to the MetroSpeedy platform. There will always be unforeseen events that may ultimately lead to you losing access to the MetroSpeedy app and we'll update these guidelines regularly-but the following guidelines are sufficient cause for MetroSpeedy to take action. Please take a moment to read them.
Everyone who signs up for MetroSpeedy is required to follow MetroSpeedy’ s Community Guidelines. They reflect the following 3 pillars and the standards in each of these sections.
Our community is remarkably diverse and, chances are, you will encounter people who might not look like you or share your beliefs. The guidelines in this section help to foster positive interactions during every experience.
We’re hard at work every day to help create safer experiences for everyone. Your safety drives us. That’s why these standards were written.
We’re committed to following all applicable laws and earning your trust, and we expect everyone who uses our apps to do their part and adhere to applicable laws and regulations, as well as airport rules and regulations where applicable.
If something happens, whether it’s good or bad, we make it easy for you to tell us. Our team is continuously improving our standards, and your feedback is important to keep our standards relevant as our technology evolves.
Treat your fellow MetroSpeedy users as you would like to be treated yourself: with respect. The actions you take while using our services can have a big impact on the safety and comfort of others. Courtesy matters. That’s why you are expected to exercise good judgment and behave decently toward other people when using our services—just as you would in any public place.
For example, always try to be on time to pick up your delivery because nobody likes to wait. It’s also common courtesy not to shout or swear. Most importantly, remember that when you use our services you will meet people who may look differently or think differently than you. Please respect those differences. We believe that everyone should feel supported and welcomed when they use our services. That’s why we’ve created standards on physical contact, sexual assault and misconduct, rude behavior, unwanted contact, and discrimination.
Don’t touch strangers or anyone you just met while using any of our services . Hitting, hurting, or otherwise intending to hurt anyone is never allowed.
We all value our personal space and privacy. Sexual assault and sexual misconduct of any kind is prohibited. Sexual assault and misconduct refers to sexual contact or behavior without explicit consent of the other person.
Personal space and privacy should be respected. The following list provides examples of inappropriate conduct.
Aggressive, confrontational, and harassing behavior is not allowed. Don’t use language or make gestures that could be disrespectful, threatening, or inappropriate. It may be a good idea to stay away from personal topics that can potentially be divisive, like religion and political beliefs.
Contact should end when delivery is complete, unless it’s to return a lost item. For example, texting, calling, visiting, or trying to visit someone in person after a delivery has been completed is not allowed.
You should always feel safe and welcome. That’s why we don’t tolerate conduct we’ve determined to be discriminatory. Do not discriminate against someone based on traits such as their age, color, disability, gender identity, marital status, national origin, race, religion, sex, sexual orientation, or any other characteristic protected under relevant law.
For example, it is unacceptable to refuse to provide services based on characteristics like a person’s age, color, disability, gender identity, marital status, national origin, race, religion, sex, sexual orientation, or any other characteristic protected under relevant law. It is also unacceptable to rate another user—whether they’re a customer, driver, or business—based on these traits.
In addition, it is not acceptable to discriminate on the basis of a customer’s delivery location. We understand how important it is to delivering around your life, rather than the other way around. It is not a violation of these guidelines to pass on a delivery because it does not work for you. But intentionally using features to avoid receiving delivery requests, solely for the purpose of avoiding a particular neighborhood due to the characteristics of the people or businesses that are located in that area is not allowed.
Everyone has a role to play in helping to create a safe environment. That’s why we have standards on account sharing, account holder age, and more.
Account sharing is not allowed. To use any of MetroSpeedy’s app, you need to register and maintain an active account. Don’t let another person use your account, and never share your personal information with anyone else. Drivers must complete all parts of the delivery themselves—including any handling after it is picked up from the designated location up until final delivery to the customer—with no exception.
You must be 18 years or older to sign up with MetroSpeedy . This means that you must be at least 18 years old to ride on a bike or a car.
For your safety, when riding a bike, find a helmet that fits well. Helmets can help protect you when worn according to the manufacturer’s instructions, such as sitting low on your forehead and fitting snugly under your chin.
Being out on the road means doing your part to help keep yourself and others safe. This means keeping your eyes on the road, being well rested, and watching for situations that may require quick action. We review rider and customer reports of potentially unsafe driving behavior.
Drivers are expected to maintain their cars with brakes, seat belts, and tires in good operating condition. This means maintaining your car according to industry safety and maintenance standards.
Safe roadways means practicing safe behavior, which includes looking out for all travelers, regardless of how they get around.
MetroSpeedy may take additional measures to try to preserve the safety of our platform during public emergencies, including but not limited to natural disasters, public health emergencies, and public crisis situations.
In addition to following all of MetroSpeedy’s Community Guidelines, the standards below apply to MetroSpeedy deliveries.
Many orders, including prepared foods, are perishable and can cause illness if not properly handled. Such foods can be potentially hazardous if not maintained under the proper time and temperature controls prior to pickup.
An insulated bag can make for a better customer experience, but it isn’t required unless you’re delivering in a location where it’s required by law. Deliveries by bicycle may benefit from a more specialized bag to protect food from movement and weather conditions.
Drivers should deliver orders safely and in accordance with relevant safety standards.
Businesses should provide a safe area for order pickups that make drivers feel welcome. That’s why they and their staff are expected to exercise good judgment and behavior, just as they would with their in-restaurant customers. For example, they should work to prevent violent incidents on the business premises that might endanger drivers’s safety.
All orders that contain alcohol must comply with any applicable laws and restrictions on off-premise alcohol delivery and hours of service. Only customers who are the legal age to buy alcohol (21 in the US), and not intoxicated, can order and receive alcohol deliveries where available. Customers will be asked to provide government-issued photo IDs to verify age and identity when an alcohol delivery arrives. If you do not have a valid government-issued photo ID, or appear intoxicated, the alcohol portion of your order will not be able to be delivered to you and may be returned to the seller on your behalf and expense. Customers may not place an order that includes alcohol to be delivered to a public location where open containers are prohibited, or to any other areas where possession or consumption of alcohol is prohibited by law.
Drivers are prohibited by law from delivering alcohol to customers under the local legal drinking age. Drivers are responsible for following local requirements for alcoholdelivery, which often include asking customers to show their ID to verify age and identification and refusing delivery if a customer is underage or appears intoxicated, and returning alcohol that is undeliverable to the restaurant. Businesses may be asked to accept returns of alcohol items that are undeliverable for any reason.
When a business does not fulfill the correct items in a customer’s order, the customer receives missing or wrong items, which can lead to a poor experience. They should fulfill the correct items in a customer’s order.
Operational errors resulting in long trip times and/or low customer or driver’s satisfaction
Other relevant metrics may include but are not limited to: prep time, driver handoff time (the amount of time it takes for the driver to get in and out of the location with the order, including wait time), online time (online availability time), and order acceptance time. If these metrics are significantly above the average for your city, they may negatively impact other parties’ experiences. Businesses can monitor their own metrics anytime and may reach out to our team with any questions or concerns.
Businesses may only offer for sale items expressly contemplated under their agreement with MetroSpeedy. Regulated or illicit items are not allowed to be offered. MetroSpeedy may remove from—or otherwise limit your ability to Speedy to— any items MetroSpeedy deems prohibited or inappropriate.
We have standards based on applicable laws and regulations that everyone must follow. For example, using MetroSpeedy’s app to commit any crime—such as transporting drugs, money laundering, committing drug or human trafficking, or sexually exploiting children—or to violate any other law is strictly prohibited.
Everyone is responsible for knowing and obeying all applicable laws, including speed and traffic laws—at all times when using MetroSpeedy’s app.
To maintain uninterrupted access to MetroSpeedy’s app, all relevant licensing and permitting requirements for drivers must be kept up to date. For example, all drivers using a vehicle are required by law to maintain a valid driver’s license, insurance, and vehicle registration. We review rider and customer reports of collisions or traffic citations that may have happened during a trip or delivery, and other reports that may indicate poor, unsafe, or distracted driving, while using MetroSpeedy’s services. Local rules about parking may limit where you can park your vehicle when picking up orders, making deliveries. For example, cars stopping in bike lanes or blocking accessibility ramps may violate the law.
For customers, let your driver handle the driving. Don't ask a driver to speed or to make illegal stops, drop offs, or maneuvers.
When riding a bike, be mindful of local regulations and rules when riding and parking; you can check your city government’s website for applicable laws. Following local rules of the road usually requires you to yield to pedestrians, ride in the direction of traffic, signal if you’re planning to change direction, and come to a complete stop at red lights and stop signs.
Damaging property is never allowed. Some examples include damaging the car, bike, or other mode of transportation requested through MetroSpeedy’s app. If you damage property, you’re responsible for the cost of cleaning and repair fees, outside of normal wear and tear.
Drug use and open containers of alcohol are never allowed while using MetroSpeedy’s services.
Drivers, by law, cannot drive or bike while intoxicated. The law prohibits driving or biking while under the influence of alcohol, drugs, or any other substance that impairs your ability to safely operate a vehicle.
Never ride a bike while under the influence of alcohol, drugs, or any other substance that impairs your ability to safely operate a bike or scooter.
Deception can weaken trust and also be dangerous. Intentionally falsifying information or assuming someone else’s identity, for example when signing in or undergoing a security check, isn’t allowed. It is important to provide accurate information when reporting incidents, creating and accessing your accounts, disputing charges or fees, and requesting credits. Only request fees or refunds that you’re entitled to, and use offers and promotions only as intended. Don’t knowingly complete invalid transactions.
Fraudulent activity may also include, but not be limited to: deliberately increasing the time or distance of a delivery for fraudulent purposes or otherwise; accepting delivery requests without the intention to complete, including claiming fraudulent fees or charges, like false cleaning fees; intentionally requesting, accepting, or completing fraudulent or falsified deliveries; claiming to complete a delivery without ever picking up the delivery item; picking up a delivery item but retaining all or a portion of the item, and not delivering the entire order; abusing promotions and/or not using them for their intended purpose; disputing charges for fraudulent or illegitimate reasons; or creating improper duplicate accounts.
To enhance the safety of each experience, off-service pickups are prohibited. The law prohibits street hails while using MetroSpeedy’s app, so never solicit payment of fares outside the MetroSpeedy system. Customers should not pay for deliveries in cash.
Never harm the business or brand by doing things like using MetroSpeedy‘s trademark or intellectual property without permission. Drivers should only use MetroSpeedy trade dress that is distributed by MetroSpeedy. The use of unauthorized or third-party items—such as lights, placards, signs, or similar items bearing MetroSpeedy’s name or trademark.
If something happens, whether it’s good or bad, we make it easy for you to tell us. Our team is continuously improving our standards, and your feedback is important to keep our standards relevant as our technology evolves. Please rate your experience at the end of each delivery. Honest feedback helps ensure that everyone is accountable for their behavior. This accountability helps create a respectful, safe environment. And if something happens—such as a traffic accident, report it to MetroSpeedy. In case of an emergency or if you find yourself in immediate danger, alert your local authorities or emergency services before notifying MetroSpeedy.
At the conclusion of every delivery, customers, drivers, and businesses have the opportunity to rate their experience. This feedback system improves accountability and helps create a respectful, safe, and transparent environment for everyone. Drivers can see their current rating. Businesses can find their drivers rating.
If you are a driver, your rating is based on the average of the last 100 ratings from customers and businesses, or once you receive at least 10 ratings, the average of all ratings if customers and businesses have not provided 100 ratings.
If your rating is lower than the minimum average rating in your city, we will let you know. And drivers or businesses that don’t meet the minimum average rating for their city may lose access to the MetroSpeedy app.
If you’re looking to keep your average rating high, it’s helpful to be courteous and respectful to all people while using the MetroSpeedy app. Drivers using the MetroSpeedy app typically provide excellent service, so most deliveries run smoothly. But we know that sometimes a delivery doesn’t go well—that’s why your rating is an average rating.
There is a minimum average rating in each city. This is because there may be cultural differences in the way people in different cities rate each other. We will let you know if your rating is approaching this limit, and if you lose access to your account as a result of your rating, we will share information that may help you improve your rating.
If you believe an error caused you to lose access to your account, you may contact the MetroSpeedy customer support team.
If you’re a driver and you don’t want to accept delivery or trip requests, you can just log off. This helps keep the system running smoothly for everyone.
For drivers and businesses, if you consistently decline order requests in a row, our technology may assume you do not want to accept more trips or orders or have forgotten to log out, and you may be temporarily logged out.
MetroSpeedy receives feedback through a variety of channels, reviews reports submitted to our customer support team that may violate our Community Guidelines, and may investigate through a specialized team. If we are made aware of potentially problematic behavior, we may contact you so we can look into it. We may, at our sole discretion, put a hold on your account or turn your account inactive until our review is complete.
Not following any of our guidelines may result in the loss of access to your MetroSpeedy accounts. This may include certain actions you may take outside of the app, if we determine that those actions threaten the safety of the MetroSpeedy community, or cause harm to MetroSpeedy’s brand, reputation, or business. And if the issues raised are serious or a repeat report, or you refuse to cooperate, you may lose access to the MetroSpeedy app. Any behavior involving violence, sexual misconduct, harassment, discrimination, or illegal activity while using the MetroSpeedy app can result in the immediate loss of access to the MetroSpeedy app. Additionally, when law enforcement is involved, we will cooperate with their investigation in accordance with our Guidelines for Law Enforcement Authorities for the US here .
Lastly, all drivers wanting to use the MetroSpeedy app undergo a screening process, including motor vehicle record and background checks. A driver will lose access to their MetroSpeedy app if a routine motor vehicle record or background check uncovers a violation of MetroSpeedy’s Community Guidelines or other criteria required by local regulators.
If you’re a driver and you lose access to your MetroSpeedy app for a low star rating, you may have the opportunity to get back on the road if you provide proof that you’ve successfully taken a quality improvement course offered by third-party experts, available online in all US cities, and in person in certain US cities.
MetroSpeedy seeks to ignite opportunity by setting the world in motion and striving to provide safe, reliable, and high-quality service options to everyone. MetroSpeedy and its affiliates therefore prohibit discrimination against users based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Such discrimination includes, but is not limited to, any user refusing to provide or accept services based on any of these characteristics. Any user found to have violated this prohibition will lose access to the MetroSpeedy platform. Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible under this policy.
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.
Notwithstanding the foregoing, these Terms do not supersede or otherwise impact the enforceability of any agreements you may have with MetroSpeedy or its subsidiaries regarding driving, delivering and/or providing transportation and/or delivery services (e.g. the Platform Access Agreement, the Technology Services Agreement and/or any similar agreements). To the extent (but only to the extent) any agreement you may have with MetroSpeedy regarding driving, delivering and/or delivery services conflicts with these Terms, those agreements (and not these Terms) will prevail.
MetroSpeedy may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH METROSPEEDY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on metrospeedy.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
MetroSpeedy may amend the Terms from time to time. Amendments will be effective upon MetroSpeedy's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If MetroSpeedy changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing MetroSpeedy written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o MetroSpeedy Technologies, Inc. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against MetroSpeedy on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against MetroSpeedy, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against MetroSpeedy by someone else.
You and MetroSpeedy agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and MetroSpeedy, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Services, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. MetroSpeedy agrees to honor your election of forum with respect to your individual sexual assault or sexual harassment claim but in so doing does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim or dispute.
You acknowledge and agree that you and MetroSpeedy are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and MetroSpeedy otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and MetroSpeedy each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidenced a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Unless you and MetroSpeedy otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and MetroSpeedy submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. MetroSpeedy will not seek, and hereby waives all rights MetroSpeedy may have under applicable law to recover attorneys' fees and expenses if MetroSpeedy prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, MetroSpeedy will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if MetroSpeedy changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing MetroSpeedy written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o MetroSpeedy Technologies, Inc. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and MetroSpeedy in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange and, logistics and/or delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with MetroSpeedy or certain of MetroSpeedy’s affiliates ("Third Party Providers"). In certain instances the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by MetroSpeedy in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH METROSPEEDY AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
Subject to your compliance with these Terms, MetroSpeedy grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by MetroSpeedy and MetroSpeedy's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by MetroSpeedy; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
You acknowledge that portions of the Services may be made available under MetroSpeedy's various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as "MetroSpeedy”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of MetroSpeedy’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.
The Services and all rights therein are and shall remain MetroSpeedy’s property or the property of MetroSpeedy's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner MetroSpeedy's company names, logos, product and service names, trademarks or services marks or those of MetroSpeedy's licensors.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to MetroSpeedy certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by MetroSpeedy. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by MetroSpeedy in writing, you may only possess one Account.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. If you fail to comply with these Terms (including policies and supplemental terms), you may be denied access to or use of the Services and MetroSpeedy may charge you a cancellation fee for a transaction that could not be completed because of your failure to comply with these Terms. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
You agree that MetroSpeedy may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an MetroSpeedy account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services.
MetroSpeedy may, in MetroSpeedy's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to MetroSpeedy through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to MetroSpeedy, you grant MetroSpeedy a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and MetroSpeedy's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant MetroSpeedy the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor MetroSpeedy's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MetroSpeedy in its sole discretion, whether or not such material may be protected by law. MetroSpeedy may, but shall not be obligated to, review, monitor, or remove User Content, at MetroSpeedy's sole discretion and at any time and for any reason, without notice to you.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. MetroSpeedy does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). MetroSpeedy will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments.
All Charges and payments will be enabled by MetroSpeedy using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that MetroSpeedy may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by MetroSpeedy.
As between you and MetroSpeedy, MetroSpeedy reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in MetroSpeedy's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. MetroSpeedy will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. MetroSpeedy may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. MetroSpeedy may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and MetroSpeedy will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider. MetroSpeedy will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to MetroSpeedy or its affiliates, where MetroSpeedy is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from MetroSpeedy for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and MetroSpeedy will respond accordingly to any request from you to modify the Charges for a particular service or good. Except with respect to taxicab transportation services requested through the Application, MetroSpeedy does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by MetroSpeedy to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that MetroSpeedy provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Repair or Cleaning request is verified by MetroSpeedy in MetroSpeedy's reasonable discretion, MetroSpeedy reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by MetroSpeedy to a Third Party Provider, if applicable, and are non-refundable.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." METROSPEEDY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, METROSPEEDY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. METROSPEEDY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
METROSPEEDY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF METROSPEEDY, EVEN IF METROSPEEDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
METROSPEEDY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF METROSPEEDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. METROSPEEDY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND METROSPEEDY'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT METROSPEEDY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, METROSPEEDY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON METROSPEEDY’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold MetroSpeedy and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) MetroSpeedy's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Claims of copyright infringement should be sent to MetroSpeedy's designated agent.
MetroSpeedy may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to MetroSpeedy, with such notice deemed given when received by MetroSpeedy, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o MetroSpeedy Technologies, Inc .
You may not assign these Terms without MetroSpeedy's prior written approval. MetroSpeedy may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of MetroSpeedy's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, MetroSpeedy or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. MetroSpeedy's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MetroSpeedy in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
You may have shared personal information like your driver's license. To help manage your account, we may need to access some of your account details. This page explains which information is shared by MetroSpeedy and why.
Your name and profile photo are used to identify your profile.
To be able to edit basic personal details, such as your name and phone number, if they need to correct mistakes in your account.
We may contact you by phone to help with setting up your account and inform you about important updates to your account.
You may need to enter the name of the city where you operate and your product.
The product, along with your city of operation, determines which documents are needed to start.
We help provide MetroSpeedy with any required documents for driving. This means we may add photos of those documents to your account with your permission, unless you prefer to add them yourself.
We need to review all of the documents MetroSpeedy requires before you start driving and, once they are submitted, determine whether these documents are rejected for any reason.
This Fleet Agreement (the “Agreement”), effective the date accepted by You, is made and entered into by and between you (“You”) and MetroSpeedy Technologies, Inc (“MetroSpeedy”). By entering into this Agreement, You also acknowledge that You have read, understood, and voluntarily agreed to the MetroSpeedy Terms of Service and , Community Standards, and Sexual Harassment Policy which are expressly incorporated herein by reference. Additionally, and for clarity, You and MetroSpeedy may each be referenced in this Agreement as a “Party” and together as the “Parties.”
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY, SPECIFICALLY THE MUTUAL ARBITRATION PROVISION IN SECTION 11. UNLESS YOU OPT OUT OF ARBITRATION AS PROVIDED BELOW, THIS AGREEMENT REQUIRES THE PARTIES TO RESOLVE DISPUTES THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREED TO ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING THE MUTUAL ARBITRATION PROVISION, AND THAT YOU HAVE TAKEN TIME AND SOUGHT ANY ASSISTANCE NEEDED TO COMPREHEND AND CONSIDER THE CONSEQUENCES OF THIS IMPORTANT BUSINESS DECISION.
MetroSpeedy provides and maintains an online marketplace and mobile platform (“Platform”) on which individual customers (collectively “Customers”); restaurants, retail stores, and other merchants (collectively “Merchants”); and independent businesses providing delivery services (“Services”) connect to facilitate the purchase, fulfillment, and, when applicable, delivery of goods from Merchant(s) to Customer(s). You are an independent business providing delivery services, authorized and able to satisfy any and all legal requirements necessary to perform the services contemplated by this Agreement in the geographic location(s) in which You operate. You understand and agree that You enter into this Agreement as an independent business entity, and You desire to enter into this Agreement for the right to access the Platform in order to receive Delivery Opportunities (as defined in Section 3A below). In consideration of these recitals and the mutual promises below, and for other good and valuable consideration, You and MetroSpeedy agree as follows:
1A. This Agreement governs the entire relationship between the Parties, and establishes the Parties’ respective rights and obligations arising out of this relationship. The relationship between the Parties governed by this Agreement includes Your access to the Platform, which facilitates Your provision of Services through Delivery Opportunities. The Parties acknowledge and agree that this Agreement is a licensing agreement between independent businesses that are separately owned and operated. The Parties intend this Agreement to create the relationship of principal and independent contractor (“Contractor”) and not that of employer and employee. Neither Party shall have the right to bind the other by contract (or otherwise) except as specifically provided in this Agreement.
1B. Nothing in this Agreement requires You to accept any Delivery Opportunity on the MetroSpeedy Platform, and nothing in this Agreement shall guarantee You any particular volume of Delivery Opportunities or Deliveries for any particular time period.
1C. MetroSpeedy reserves the right, at any time, to modify or supplement external documents referenced and incorporated into this Agreement and/or any information referenced via hyperlink (or the addresses where such information may be found). Such modifications shall become effective upon posting. Such modifications or supplements may be provided to You via electronic means.
2A. You understand and agree that in providing any services under this Agreement, You are not an employee or customer of MetroSpeedy, any Merchant selling goods through MetroSpeedy, or any Customer purchasing goods through MetroSpeedy. You represent that in providing any services under this Agreement You operate an independent business, whether a sole proprietorship or other formal business entity, including but not limited to a corporation, limited liability company, or partnership. If You are required to obtain or maintain a business license, You represent that You have obtained and agreed to maintain such a license. You agree to inform MetroSpeedy in writing immediately if You are no longer operating an independent business to provide services under this Agreement.
2B. You understand that: (i) You are free to select the times You wish to access the Platform; (ii) You are free to accept, reject, or ignore any particular Delivery Opportunities made available to You through the Platform; (iii) You have the sole right to control the manner and means by which You perform Deliveries through the Platform; and (iv) You are engaging MetroSpeedy to provide You access to the Platform, which will permit You to perform deliveries.
2C. You represent that, as applicable, You possess all tools, vehicles, and equipment, including mobile telephone, modes of transportation, etc. (collectively “Equipment”) and personnel necessary to lawfully provide the services contemplated by this Agreement. Moreover, You agree that You are solely responsible for ensuring that such Equipment conforms to applicable laws, including those pertaining to health, safety, inspection, and operational capability, and that You are responsible for all costs and expenses You may incur under this Agreement, including, but not limited to, traffic tickets, tolls, parking fees, inspections, insurance, and any other costs related to Equipment. Except as otherwise required by law, You assume all risk of damage or loss to Your Equipment.
2D. Nothing in this Agreement prohibits You, to the extent permitted by law and subject to the terms of this Agreement, from hiring, subcontracting, or otherwise engaging any other person (a “Subcontractor”) to assist You with the performance of a Delivery, provided that any such Subcontractor accepts the terms of this Agreement and separately completes the process to receive Delivery Opportunities. You agree to bear sole responsibility for the direction and control over any Subcontractor. Specifically, to the extent You engage a Subcontractor, unless otherwise mandated by law, You assume full and sole responsibility for the payment of all amounts due or required to be withheld from Subcontractor(s) for work performed under this Agreement, including but not limited to any wages, benefits and expenses, state and federal income tax withholdings, unemployment insurance contributions, and/or social security taxes. MetroSpeedy shall have no responsibility for money or obligations You may owe Subcontractor(s), and neither You nor any Subcontractor(s) shall participate in or receive any wages or other benefits available to MetroSpeedy’s employees. The Parties acknowledge and agree that any provisions of this Agreement reserving ultimate authority in MetroSpeedy have been inserted solely to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof, and/or to ensure the safety of the Platform for all users.
2E. Nothing in this Agreement shall prevent the Parties from at any time engaging in similar arrangements or business with others, including the Parties’ direct competitors, or from advertising themselves to the public as available to engage in similar arrangements or business with others. You agree to immediately notify MetroSpeedy in writing if You believe You have been restricted in any way by MetroSpeedy from advertising, engaging with, or providing Your services to any other entity.
2F. You understand and agree that You are not required at any time to wear or use any clothing or equipment provided by or bearing MetroSpeedy’s name or logo; or to purchase, lease, or rent any products, equipment, or services from MetroSpeedy.
2G. You agree that before You receive access to the Platform, You will consent to and pass a background check based on Your own social security number. You also agree that, at its sole discretion and in accordance with applicable law, MetroSpeedy may require You to consent to and pass additional background checks.
2H. You expressly consent to be contacted by, and to receive and accept communications from MetroSpeedy and authorized partners, representatives, and/or affiliates (which may include Merchants and/or Customers) via different communication methods, including but not limited to email(s), SMS/text message(s), push notification(s), and/or call(s) to contacts, including telephone number(s), You provide to MetroSpeedy. By consenting to being contacted, You understand and agree that You may receive communications--including artificial or pre-recorded messages and/or automated systems, such as automatic telephone dialing systems--sent by or on behalf of MetroSpeedy on various subjects, including but not limited to: (1) operational or transactional communications, such as those concerning Your user account, sign up progress to become a Contractor, use of the Platform, and/or features available on the Platform; (2) communications relating to Deliveries and Delivery Opportunities, including delivery fees and incentive offers; (3) promotions, advertising, and/or marketing; (4) news concerning MetroSpeedy and industry developments that affect Your relationship with us; and (5) account verification communications. Message and data rates may apply. By consenting to be contacted, You represent that the telephone number(s) that You have provided to us are Your contact numbers, that You are permitted to receive calls at such telephone number(s), and that You will promptly alert us whenever you stop using a particular telephone number.
2I. You agree that MetroSpeedy, its partners, affiliates, or representatives may contact You (including for marketing and promotional purposes from MetroSpeedy or our third-party partners where permitted by law) by email, phone, push notifications, SMS, or by other comparable means (including by use of an automatic telephone dialing system) at the email address(es), phone(s), or phone number(s) You provide to MetroSpeedy.
YOU CAN UNSUBSCRIBE FROM METROSPEEDY’S MARKETING EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF. PLEASE BE ADVISED THAT IF YOU OPT OUT OF MARKETING EMAILS, METROSPEEDY MAY STILL SEND YOU EMAILS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS BETWEEN THE PARTIES.
IF YOU WISH TO OPT OUT OF MARKETING TEXT OR SMS MESSAGES, IN RESPONSE TO SUCH A MESSAGE YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGE. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE MARKETING TEXTS OR CALLS AS A CONDITION OF PERFORMING SERVICES USING METROSPEEDY.
3A. MetroSpeedy may notify You of the opportunity to complete a delivery from a Merchant to a Customer (a “Delivery Opportunity”), and You may have the option to choose automatic acceptance or other preferences for certain Delivery Opportunities. For each Delivery Opportunity You accept (a “Delivery”), You agree to complete the delivery of the good(s) purchased by a Customer in a form free from tampering, in the condition intended by the Customer and/or Merchant, according to the terms of this Agreement and/or as otherwise set forth in the Fleet Help Center, including but not limited to the Terms of Service, and Community Standards, and Sexual Harassment Policy therein, and in compliance with any and all applicable federal, state, and local laws, rules, and regulations, including but not limited to applicable food and health safety laws, rules, and regulations. You further agree that for any Delivery that includes any age-restricted items, including but not limited to alcohol, tobacco, e-cigarettes, or vaporizers, You are responsible for ensuring the Delivery complies with all federal, state, and local laws, including but not limited to ensuring that the individual accepting the Delivery is the individual who placed the order, has provided valid identification, is the required minimum age, and is not intoxicated.
3B. You agree that if you fail to complete any Delivery (a “Service Failure”), MetroSpeedy reserves the right to recover any costs incurred by MetroSpeedy related to Your action(s) or omission(s). You further agree that if You fail to return to a Merchant any item that cannot be delivered (a “Return Failure”), MetroSpeedy reserves the right to recover any costs incurred by MetroSpeedy related to the Return Failure. If You dispute responsibility for a Service Failure or Return Failure, You agree to resolve the dispute pursuant to the “Payment Disputes” provision in Section 5 below.
4A. Unless otherwise notified in writing by MetroSpeedy or as otherwise provided herein, You will receive payment per completed leg of Delivery in the amount listed in the payment schedule for the relevant type of delivery and/or relevant market as found in the Fleet Help Center. 1 MetroSpeedy reserves the right, at its sole discretion, to change the payment schedules at any time for any reason, and Your continued use of the MetroSpeedy Platform shall constitute Your consent to any change. Nothing in this Agreement prevents the Parties from negotiating a different rate of pay. You are free to contact MetroSpeedy regarding the payment schedule, and are free to accept, reject, or ignore any Delivery Opportunities as a means to earn different rates of pay.
4B. MetroSpeedy agrees to transmit payment(s) for all completed leg(s) of Delivery to You via direct deposit no later than seven (7) days after You complete the related Delivery unless the Parties negotiate and agree to a different arrangement. You are responsible for any applicable processing fees associated with such remittance, and You understand that You may incur and agree to pay transfer and/or transaction fees, as applicable, for such payments.
4C. Customers can pay You a gratuity in cash or via other payment method(s). Nothing in this Agreement shall prevent You from retaining 100% of any gratuity paid by a Customer. MetroSpeedy acknowledges it has no right to interfere with the amount of gratuity given to You by a Customer.
1This excludes Partner Delivery Staff, who are paid directly by their respective merchant.
5A. In the event of a Service Failure or Return Failure, You agree that You may forfeit all or a portion of the payment as described in Section 4 above (depending on the extent to which the Service Failure results from Your act or omission). Any reduction of payment shall be based upon proof provided by the Customer, Merchant, You, and/or any other party with information relevant to the dispute. MetroSpeedy shall make the initial determination as to what percentage of fault You bear, and You shall have the right to challenge MetroSpeedy’s determination as described in the provisions set forth in Sections 10 and 11, below.
5B. In the event MetroSpeedy fails to remit payment in a timely or accurate manner, You shall have the right to seek proper payment by any legal means contemplated by this Agreement, provided, however, that You first inform MetroSpeedy in writing of the failure and provide MetroSpeedy a reasonable opportunity to cure.
6A. If You earn the minimum income established by the Internal Revenue Service, MetroSpeedy shall report all payments made to You on a calendar-year basis by issuing an IRS Form 1099.
6B. You agree that MetroSpeedy may fulfill any tax-related obligations, including but not limited to providing 1099 Forms, through any means, including by electronic transmission to the email address associated with Your MetroSpeedy account as provided by You. Further, You agree to report all such payments to the appropriate federal, state, and local taxing authorities.
7A. At Your own expense, You shall, during the Term of this Agreement, maintain up-to-date insurance of the types and in amounts equal to or greater than the minimum requirements as required by law in the jurisdiction in which You provide services as contemplated by this Agreement. This includes, but is not limited to, vehicle insurance that is equal to or greater than the minimum vehicle insurance coverage amounts and types required by state or local law, workers’ compensation insurance, and/or occupational accident insurance.
7B. You agree to deliver to MetroSpeedy, upon request, up-to-date certificates of insurance as proof of coverage. You agree to make available updated certificates each time You purchase, renew, or alter Your insurance coverage. You also agree to give MetroSpeedy at least thirty (30) days’ prior written notice before cancellation of any insurance policy required by this Agreement.
8A. You acknowledge and agree that in the performance of this Agreement You may have direct or indirect access or exposure to MetroSpeedy’s confidential information (“Confidential Information”). Confidential Information includes MetroSpeedy’s data, provider IDs, user information, Customer information, package information, and transaction volume, marketing and business plans, business, financial, technical, operational and such other nonpublic information (whether disclosed in writing or verbally) that MetroSpeedy designates as being proprietary or confidential or that You should reasonably know to treat as confidential.
8B. You acknowledge and agree that: (a) all Confidential Information shall remain the exclusive property of MetroSpeedy; (b) You shall not use Confidential Information for any purpose except to complete a Delivery; (c) You shall not disclose Confidential Information to any third party; and (d) You shall not keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of this Agreement or at MetroSpeedy’s request.
8C. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no action or omission by You; (b) was possessed by You prior to the date of this Agreement without an obligation of confidentiality; or (c) is disclosed to You by a third party having no obligation of confidentiality with respect thereto.
8D. If You become legally compelled to disclose any Confidential Information, other than pursuant to a confidentiality agreement, You will provide MetroSpeedy prompt written notice of such disclosure and will cooperate with MetroSpeedy should MetroSpeedy seek a protective order or another appropriate remedy. If MetroSpeedy waives Your compliance with this obligation or fails to obtain a protective order or other appropriate remedy, You will furnish only that portion of the Confidential Information that is legally required to be disclosed; provided that any Confidential Information so disclosed shall maintain its confidentiality protection for all purposes other than such legally compelled disclosure.
9A. You agree to indemnify, protect, and hold harmless MetroSpeedy, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (collectively “Indemnitees”), from: (i) any and all claims, demands, damages, lawsuits, losses, liabilities, and causes of action arising directly or indirectly from, as a result of, or in connection with the actions of You and/or any Subcontractor under this Agreement, including but not limited to personal injury to or death of any person (including You and/or any Subcontractor); (ii) any liability arising from Your failure to comply with the terms of this Agreement; (iii) any and all tax liabilities and responsibilities for payment of all federal, state, and/or local taxes, including but not limited to all payroll taxes, self-employment taxes, workers’ compensation premiums, and any contributions imposed or required under federal, state, and/or local laws, that are owed by You with respect to Your and/or any Subcontractors using the MetroSpeedy Platform to complete Deliveries; and (iv) all costs associated with Your business, including but not limited to the expense and responsibility for any and all applicable insurance, local, state, and/or federal licenses, permits, taxes, and assessments of any and all regulatory agencies, boards, or municipalities.
9B. You agree that Your obligations in this Section 9 shall include the cost of defense, including attorneys’ fees, as well as the payment of any final judgment rendered against or settlement agreed upon by MetroSpeedy or any of the Indemnitees.
10A. Prior Agreement. This Section 10 only applies if You were a Party to an earlier version of a Fleet Agreement (a “Prior Agreement”) with MetroSpeedy prior to Your acceptance of this Agreement. Except as provided in Sections 10B and 11 below, MetroSpeedy and You hereby terminate Your Prior Agreement, effective as of your acceptance of this Agreement. The Parties, respectively, hereby waive any applicable notice requirements with respect to their termination of the Prior Agreement.
10B. External Documents Referenced and Incorporated into Prior Agreement. Notwithstanding the termination of your Prior Agreement, You hereby (a) ratify, assume, and confirm Your obligations under any external documents referenced and incorporated into the Prior Agreement and/or any information referenced via hyperlink in the Prior Agreement that are required or applicable to Your provision of Services (“Continuing Documents”) and (b) acknowledge and agree that as of Your acceptance of this Agreement such Continuing Documents are incorporated by reference and form a part of this Agreement. MetroSpeedy hereby ratifies, assumes, and confirms its obligations under such Continuing Documents.
11A. Arbitration of Disputes. The Parties mutually agree to resolve any and all disputes between them exclusively through final, binding, and individual arbitration instead of filing a lawsuit in court (except as otherwise provided below). However, this Mutual Arbitration Provision does not cover disputes that, as a matter of law, may not be subject to pre-dispute arbitration agreements.
1. MetroSpeedy and You expressly agree that this Mutual Arbitration Provision is a licensing agreement governed exclusively by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”), and evidences a transaction involving commerce, and You agree that this is not a contract of employment involving any class of workers engaged in foreign or interstate commerce within the meaning of Section 1 of the FAA. MetroSpeedy and You expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Mutual Arbitration Provision, and that the FAA shall apply to any and all disputes between the Parties, including but not limited to those arising out of or relating to this Agreement, Your classification as an independent contractor, Your provision of services under this Agreement, the fees received by You for performing Deliveries, the termination of this Agreement, the suspension or deactivation of Your MetroSpeedy account, and all other aspects of Your relationship with MetroSpeedy, past or present, whether arising under federal, state, or local law, including without limitation harassment, discrimination, and/or retaliation claims and claims arising under or related to the Civil Rights Act of 1964 (or its state or local equivalents), Americans with Disabilities Act (or its state or local equivalents), Age Discrimination in Employment Act (or its state or local equivalents), Family Medical Leave Act (or its state or local equivalents), Fair Labor Standards Act (or its state or local equivalents), state and local wage and hour laws, state and local statutes or regulations addressing the same or similar subject matters, and all other federal, state, and/or local claims arising out of or relating to Your relationship or termination of that relationship with MetroSpeedy. The Parties expressly agree that this Agreement shall be governed by the FAA even in the event You and/or MetroSpeedy are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. In the event, but only in the event, the arbitrator determines the FAA does not apply, the state law governing arbitration agreements in the state in which You perform Services shall apply.
2. Only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision, including without limitation any dispute concerning arbitrability. However, the preceding clause shall not apply to any dispute relating to or arising out of the Class Action Waiver and/or Representative Action Waiver—including, but not limited to, any claim that all or part of the Class Action Waiver and/or Representative Action Waiver is unenforceable, unconscionable, illegal, void, or voidable, or that a breach of either such Waiver has occurred—which must proceed in a court of competent jurisdiction and cannot be heard or arbitrated by an arbitrator. Moreover, all disputes relating to or arising out of the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator. In addition, all disputes relating to whether either party has satisfied the condition precedent of engaging in the pre-arbitration informal telephonic dispute resolution conference discussed in Section 11B(i), below, shall be decided only by a court of competent jurisdiction and not by an arbitrator. The Parties agree that any and all due dates for arbitration fees shall be tolled while the Parties resolve a dispute relating to or arising out of the Class Action Waiver, Representative Action Waiver, the payment of arbitration fees, and/or the pre-arbitration informal telephonic dispute resolution conference.
11B. BY AGREEING TO ARBITRATE DISPUTES BETWEEN THEM AS DESCRIBED HEREIN THE PARTIES TO THIS AGREEMENT AGREE THAT ALL SUCH DISPUTES WILL BE RESOLVED THROUGH BINDING ARBITRATION BEFORE AN ARBITRATOR AND NOT BY WAY OF A COURT OR JURY TRIAL.
1. Before commencing individual arbitration, the Parties must engage in a good-faith effort to resolve any claim covered by this Mutual Arbitration Provision through an informal telephonic dispute resolution conference between You and MetroSpeedy. The informal telephonic dispute resolution conference shall be individualized such that a separate conference must be held each time either Party intends to commence individual arbitration; multiple couriers initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either Party is represented by counsel, that Party's counsel may participate in the informal telephonic dispute resolution conference, but the Party also must appear at and participate in the conference. The Party initiating the claim must give notice to the other Party in writing of its, his, or her intent to initiate an informal telephonic dispute resolution conference, which shall occur between thirty (30) and forty-five (45) days of the other Party receiving such notice, unless an extension is mutually agreed upon by the Parties. In the interval between the party receiving such notice and the informal telephonic dispute resolution conference (“Negotiation Period”), nothing in either this Mutual Arbitration Provision specifically or this Agreement generally shall prohibit the Parties from engaging in informal communications to resolve the initiating Party’s claims. Engaging in an informal telephonic dispute resolution conference is a condition precedent that must be fulfilled before commencing individual arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the informal dispute resolution process required by this paragraph.
2. Only after the Parties have engaged in a good-faith effort to resolve the dispute through an informal telephonic dispute resolution conference, and only if those efforts fail, either You or MetroSpeedy may initiate arbitration by notifying the other Party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name, telephone number, mailing address, and email address of the Party seeking arbitration (if You are seeking arbitration, the email address provided must be the email address associated with Your MetroSpeedy account); (2) a statement of the legal claims being asserted and the factual bases of those claims; and (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); (4) the original personal signature of the Party seeking arbitration (a digital, electronic, copied, or facsimile signature is not sufficient); and (5) the Party’s portion of the applicable filing fee. If the Party seeking arbitration is represented by counsel, counsel must also provide an original personal signature on the demand for arbitration (a digital, electronic, copied, or facsimile signature is not sufficient). By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (1) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Any demand for arbitration by You must be delivered to MetroSpeedy: 420 2nd Ave, NY NY 10010.
3. CLASS ACTION WAIVER—PLEASE READ. MetroSpeedy and You mutually agree that any and all disputes or claims between the Parties will be resolved in individual arbitration. The Parties further agree that by entering into this Agreement, they waive the right to have any dispute or claim brought, heard, administered, resolved, or arbitrated as a class, collective, or mass action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective, and/or mass action, or to award relief to anyone but the individual in arbitration (“Class Action Waiver”). MetroSpeedy and You agree that the definition of a “class, collective, and/or mass action” includes, but is not limited to, instances in which You are represented by a law firm or collection of law firms that has filedmore than 25 arbitration demands of a substantially similar nature against MetroSpeedy within 180 days of the arbitration demand filed on Your behalf, and the law firm or collective of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands together. If more than 25 arbitration demands of a substantially similar nature are filed against MetroSpeedy by the same law firm or collection of law firms within 180 days of one another, each arbitration demand must be filed, administered, arbitrated, and resolved in an individual manner. This Class Action Waiver does not prevent You or MetroSpeedy from participating in a classwide settlement of claims.
4. REPRESENTATIVE ACTION WAIVER—PLEASE READ. MetroSpeedy and You mutually agree that any and all disputes or claims between the Parties will be resolved in individual arbitration. The Parties further agree that by entering into this Agreement, they waive their right to have any dispute or claim brought, heard, administered, resolved, or arbitrated as a representative action, or to participate in any representative action, including but not limited to claims brought under any state’s Private Attorneys General Act (“PAGA”), and an arbitrator shall not have any authority to arbitrate a representative action, or to award relief to anyone but the individual in arbitration ("Representative Action Waiver"). This Representative Action Waiver does not prevent You or MetroSpeedy from participating in a classwide settlement of claims. Disputes regarding the nature of Your relationship with MetroSpeedy (including but not limited to any claim that You are an employee of MetroSpeedy), as well as any claim that You bring on Your own behalf as an aggrieved worker for recovery of underpaid wages or other individualized relief (as opposed to a representative claim for civil penalties) are arbitrable and must be brought in arbitration on an individual basis only as required by this Mutual Arbitration Provision. You agree that any representative claim that is permitted to proceed in a civil court of competent jurisdiction must be stayed pending arbitration of Your dispute regarding the nature of Your relationship with MetroSpeedy and any claim You bring on Your own behalf for individualized relief.
5. You agree and acknowledge that entering into this Mutual Arbitration Provision does not change Your status as an independent contractor in fact and in law. You further agree that when performing services pursuant to the terms of this Agreement, You are not doing so as an employee of MetroSpeedy, a Merchant, or a Customer. You further agree that any disputes in this regard shall be determined exclusively by an arbitrator.
6. The Arbitrator shall be an attorney with experience in the law underlying the dispute, but in no event shall any arbitration be administered by the American Arbitration Association ("AAA"). The Parties shall be required to meet and confer to select a neutral arbitrator or arbitration provider. If the Parties are unable to mutually agree upon an arbitrator or arbitration provider, then either Party may invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction appoint an arbitration provider other than AAA. As set forth in Section 11(B)(iii)-(iv), any arbitration provider appointed by a court under 9 U.S.C. § 5 shall conduct arbitration solely on an individualized basis. Once the Parties mutually agree upon a neutral arbitrator, or an arbitrator provider is appointed under 9 U.S.C. § 5, the ensuing arbitration shall commence pursuant to the rules of the designated arbitration provider, except that: (1) Unless applicable law provides otherwise, as determined by the arbitrator, MetroSpeedy and You shall equally share filing fees and other similar and usual administrative costs, as are common to both court and administrative proceedings, such as court reporter costs and transcript fees. MetroSpeedy shall pay any costs that are uniquely associated with arbitration, such as payment of the arbitrator and room rental; (2) If a Party timely serves an offer of judgment under Federal Rule of Civil Procedure 68, or any other state-law equivalent, and the judgment that the other Party finally obtains is not more favorable than the unaccepted offer, then the other Party shall pay the costs, including filing fees, incurred after the offer was made; (3) Both Parties agree not to oppose or interfere with any negotiations or agreements between the other Party and the arbitration administrator, or individual arbitrator, relating to a Party’s portion of the fees. The arbitrator, however, may disallow any private agreement between an administrator, on the one hand, and the negotiating party, on the other hand, if the arbitrator believes that the private agreement undermines his or her neutrality as arbitrator; (4) The arbitrator may issue orders (including subpoenas to third-parties) allowing the Parties to conduct discovery sufficient to allow each Party to prepare that Party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes; (5) Except as provided in the Class Action Waiver and Representative Action Waiver, the arbitrator may award all remedies to which a Party is entitled under applicable law and which would otherwise be available in a court of law, including but not limited to the imposition of sanctions under the Federal Rules of Civil Procedure, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable; (6) The arbitrator may hear motions to dismiss and/or motions for summary judgment. An arbitrator may not permit the filing of a motion for summary judgment until after the Parties have conducted discovery to support their claims and defenses. Any motion to dismiss and/or motion for summary judgment shall otherwise be governed by the standards of the Federal Rules of Civil Procedure governing such motions; (7) The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law; (8) Any finding that a claim or counterclaim was filed for purposes of harassment or is frivolous shall entitle the other Party to recover its, his, or her attorneys’ fees, costs, and expenses; (9) Either MetroSpeedy or You may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Section 11 may be rendered ineffectual; and (10) The arbitrator may consider, but under no circumstances is the arbitrator bound by, decisions reached in separate arbitrations. If at any time the arbitrator or arbitration administrator fails to enforce the terms of this Mutual Arbitration Provision, either Party may seek to enjoin the arbitration proceeding in a court of competent jurisdiction, and the arbitration shall automatically be stayed pending the outcome of that proceeding.
7. Regardless of any other terms of this Agreement, nothing 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, and nothing in this Agreement or Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim, or charge otherwise covered by this Mutual Arbitration Provision. This Mutual Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on the claims addressed in this Section 11, even if the claims would otherwise be covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a Party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law or as required under this Agreement before bringing a claim in arbitration. MetroSpeedy will not retaliate against You for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.
8. Right to Opt Out of Arbitration. Arbitration is not a mandatory condition of Your contractual relationship with MetroSpeedy, and therefore You may opt out of this Mutual Arbitration Provision. In order to opt out, You must notify MetroSpeedy of Your intention to opt out by submitting to MetroSpeedy, via USPS Priority Mail or hand delivery to: 420 2nd Ave, NY NY 10010, a written notice identifying the email address and telephone number associated with Your MetroSpeedy account and stating that you are opting out of this Mutual Arbitration Provision. This written notice must be signed by You, and not any attorney, agent, or other representative of Yours. In order to be effective, Your opt-out notice must be postmarked or received by MetroSpeedy within thirty (30) days of Your acceptance of this Agreement. If You opt out as provided in this subparagraph, You will not be subject to any adverse action as a consequence of that decision and may pursue available legal remedies without regard to this Mutual Arbitration Provision. If You do not opt out within thirty (30) days of Your execution of this Agreement, Your failure to do so shall constitute mutual acceptance of the terms of this Mutual Arbitration Provision by MetroSpeedy and You.
9. If You opt out of this Mutual Arbitration Provision and at the time of Your receipt of this Agreement You were bound by an existing agreement to arbitrate disputes arising out of or relating to Your use of the Platform, then that existing arbitration agreement shall remain in full force and effect, and either Party may apply to a court under 9 U.S.C. § 5 for an order appointing an arbitrator or arbitration provider to resolve in individual arbitration the Parties’ disputes arising out of or relating to such existing agreement to arbitrate.
10. You may only opt out on behalf of Yourself. A written notice submitted to MetroSpeedy indicating Your intention to opt out may apply, at most, to You. You (and Your agent or representative) may not effectuate an opt out on behalf of other couriers.
11. Your decision to opt out of this Mutual Arbitration Provision will relieve You only of Your obligation to arbitrate the disputes specified in this Mutual Arbitration Provision, and does not relieve You of any obligation to arbitrate disputes not specified in this Mutual Arbitration Provision that might arise under any MetroSpeedy's Terms of Service to which You may be bound as a customer. Similarly, Your decision to opt out of another arbitration provision contained in any other agreement shall not relieve You of Your obligation to arbitrate disputes pursuant to this Mutual Arbitration Provision.
12. Impact on Pending Litigation. This Mutual Arbitration Provision shall not affect your standing with respect to any litigation between MetroSpeedy and You that is pending in a federal or state court or arbitration as of the date of Your receipt of this Mutual Arbitration Provision (“Pending Litigation”). This subsection shall not apply to any litigation between MetroSpeedy and You that is filed in a federal orstate court or arbitration at any point after Your receipt of this Mutual Arbitration Provision; such actions shall be subject to mutual arbitration. Thus:
13. Right To Consult With An Attorney: You have the right to consult with private counsel of Your choice, at Your own expense, with respect to any aspect of, or any claim that may be subject to this Mutual Arbitration Provision.
14. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, it shall be severed from the Agreement such that the remainder of this Mutual Arbitration Provision shall be enforceable to the fullest extent permitted by law. In any case in which (1) the dispute is filed as a class, collective, mass, or representative action, and (2) there is a final judicial determination that all or part of the Class Action Waiver and/or Representative Action Waiver is invalid or unenforceable, the class, collective, mass, or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver and Representative Action Waiver that is valid and enforceable shall be enforced in arbitration.
12A. This Agreement shall remain in full force and effect for one (1) year (the “Term”) from the date it is accepted by You and may not be terminated early without penalty except in the following limited circumstances:
12B. The following acts and/or occurrences shall constitute a material breach of this Agreement:
12C. Early termination of this Agreement by MetroSpeedy without proper notice (as established in subsection A above) shall result in liquidated damages of $100.00 for each day that notice is not properly provided to You, up to a maximum amount of $500.00. The Parties acknowledge that liquidated damages are appropriate because actual damages are not reasonably ascertainable
12D. Other than for illegal or destructive acts, in the event You dispute that You materially breached this Agreement, You may challenge MetroSpeedy’s decision using the dispute resolution process described in Section 11, above. In all such instances, the Parties will be responsible for their own attorneys’ fees and costs, subject to any remedy to which they may be entitled under applicable law and which would otherwise be available in a court of law, but MetroSpeedy shall bear the arbitrator’s and arbitration fees and costs. Notwithstanding the foregoing, as set forth below, You are not precluded from asserting that applicable law requires MetroSpeedy to bear the arbitrator’s and arbitration fees and costs, even for illegal or destructive acts. In the event there is a dispute in this regard, the arbitrator must determine the appropriate apportionment of fees at the earliest practicable time following commencement of the arbitration.
12E. If not terminated, the Agreement shall be automatically renewed for successive one-year terms, unless terminated by either Party as described in Sections 12A and 12B.
12F. The Parties’ obligations and rights arising under Sections 5, 6, 8, 9, 10, 11, 12, 13, and 14 of this Agreement shall survive termination of this Agreement and deactivation of Your MetroSpeedy account.
13A. Unless otherwise stated in this Agreement, this Agreement shall constitute the entire agreement and understanding between the Parties with respect to the subject matter of this Agreement and shall not be modified, altered, changed, or amended in any respect, unless in writing and executed by both Parties. This Agreement supersedes any prior contract between the Parties. This Agreement may not be assigned by either Party without written consent of the other, and shall be binding upon the Parties hereto, including their heirs and successors, provided, however, that MetroSpeedy may assign its rights and obligations under this Agreement to an affiliate of MetroSpeedy or any successor(s) to its business and/or purchaser of all or substantially all of its stock or assets. References in this Agreement to MetroSpeedy shall be deemed to include such successor(s).
13B. The failure of a Party in any instance to insist upon a strict performance of the terms of this Agreement or to exercise any option herein, shall not be construed as a waiver or relinquishment of such term or option and such term or option shall continue in full force and effect.
14A. Severability. Except as otherwise provided in this Agreement, if any part of this Agreement is declared unlawful or unenforceable, the remainder of this Agreement shall remain in full force and effect.
14B. Captions. Captions appearing in this Agreement are for convenience only and do not in any way limit, amplify, modify, or otherwise affect the terms and provisions of this Agreement.
14C. Savings Clause. If any part of this Agreement is declared unlawful or unenforceable, the remainder of this Agreement shall remain in full force and effect.
14D. Force Majeure. The performance of the obligations of this Agreement on the part of either Party shall be excused by reasons of closing of public highways, changes in operations, strikes or work stoppages, weather conditions that make operations unsafe or impractical, Acts of God, or the temporary or permanent cessation of business by either Party.
14F. Stripe Connected Account Terms of Service. You represent and warrant that You have reviewed, understand, and agree to the Stripe Connected Account Agreement, which is expressly incorporated herein by reference.
15A. MetroSpeedy strictly prohibits sexual and other harassment on our platform. Even if a person’s conduct does not violate state or federal law prohibiting harassment, such conduct may be found by MetroSpeedy to violate this Policy. Our anti-harassment policy applies to all persons who interact with our platform and community, including members of our fleet and our customers.
15B. Definition: Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and applicable local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender. Sexual harassment can occur between individuals regardless of their sex or gender. Sexual harassment may include offensive or unwelcome sexual advances including unwanted sexual advances; leering, gestures, or displaying sexually suggestive objects, pictures, cartoons or posters; derogatory comments, epithets, slurs, or jokes; graphic comments, sexually degrading words, or suggestive or obscene messages or invitations; and physical touching or assault, as well as impeding or blocking movements.
15C. If you are a member of our Fleet and believe you have been subjected to harassment in violation of this Policy, for quick resolution, you should immediately report the incident to our Trust & Safety team via this Fleet Support Link. Similarly, customers should immediately report incidents via this Customer Support Link. Following the receipt of any alleged misconduct, MetroSpeedy will conduct a fair, timely, and thorough investigation to reach a reasonable conclusion based on the information collected.
15D. MetroSpeedy prohibits retaliation against any customer or member of our Fleet who makes a good faith report of harassment, or who participates in an investigation into alleged harassment.
By entering into this Agreement, You expressly acknowledge and agree that You read and fully understand the provisions of this Agreement, You have had sufficient time and opportunity to consult with legal and tax advisors before executing this Agreement, You are legally competent to enter into this Agreement, and You agree to be bound by this Agreement.