Hello and welcome!

We are glad that you are taking the time to read these terms of service (the “Guest Terms”). These Guest Terms constitute a legally binding agreement between the individual accessing the Blacklane platform or otherwise using the Services (including person on behalf of whom you are arranging travel, in each case referred to as the “Guest”, or “you”), Blacklane GmbH and Blacklane North America Inc., including its parents, subsidiaries, representatives, affiliates, officers, and directors (together with Blacklane GmbH, collectively “Blacklane,” “we,” “us,” or “our”), governing your use of the Blacklane applications, offerings, websites, technology, and platform (collectively, the “Blacklane Platform” and the provision to you of the Services (as defined below).

Section 4 of these Guest Terms contains an arbitration agreement and class action waiver that apply to claims brought against us in the United States, including (without limitation) those that arose or were asserted before the effective date of these Guest Terms. Please read them carefully.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE GUEST TERMS, YOU MAY NOT USE OR ACCESS THE BLACKLANE PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE BLACKLANE PLATFORM.

If you use the Blacklane Platform in another country, you agree to be subject to Blacklane’s terms of service applicable to rides in that country.

1. General Provisions

The Blacklane Platform provides an intermediary service for premium professional driver services provided by independent local service providers (“Local Service Providers”). We do not provide, own, or control any of the transportation services (the “Services”) offered by the Local Service Providers to third parties but rather provide Guests with a marketplace to access the Services provided by the Local Service Providers. Through the platform, Guests can book transportation to specific destinations based on factors like location, timing, and preferences. Blacklane facilitates these connections but does not provide the Services.

In addition to these Guest Terms, your access to, and use of the Services is also governed by the applicable terms found on our website. These include but are not limited to: the Privacy Notice which describes how we collect, use, and disclose your personal information, the Luggage Policy, Cancellation Policy, and other applicable Blacklane standards and policies in the United States available at our help center.

2. Eligibility

The Blacklane Platform may only be used by individuals who have the legal authority to agree to these Guest Terms who can fully comply with the conditions and obligations stated herein (and additionally ensure that such conditions and obligations applicable to passengers are complied with, if the passenger is different from the person booking the ride).

To book a ride, you must register for and maintain an active user Services account (“Account”) in the Blacklane Platform. Access to the Blacklane Platform is restricted for Guests whose accounts have been deactivated, whether temporarily or permanently. Each Guest who creates an account may not share it with others or use it on behalf of third parties. Only one Account per person is allowed, and Blacklane reserves the right to deactivate duplicate accounts.

By creating an Account, you confirm that you are at least 18 years old. If you are the parent or legal guardian of a minor aged 16 or 17, you may create an Account for the minor, provided that you assume responsibility for the minor’s use of the platform in compliance with these Guest Terms.

3. Modification of these Guest Terms

Blacklane reserves the right to modify these Guest Terms or its policies relating to the Blacklane Platform at any time, effective upon posting of an updated version of these Guest Terms through the Blacklane Platform or any other communication mechanism that is made available by Blacklane. You will be offered the chance to accept any updated terms in future bookings with Blacklane. You should regularly review these Guest Terms, as your continued use of the Blacklane Platform after any such changes constitutes your agreement to such changes.

Unless material changes are made to the arbitration provisions herein, you agree that modification of these Guest Terms does not create an opportunity to opt out of arbitration.

4. Arbitration Agreement

Covered Claims

You and Blacklane agree, except where prohibited by law, that all disputes or claims that have arisen or may arise between you and Blacklane relating to or arising out of: (i) these Guest Terms and prior versions of these Guest Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Blacklane Platform at any time; or (iii) incidents or accidents resulting in personal injury or death to you or anyone else that you allege occurred in connection with the Blacklane Platform, regardless of whether the dispute, claim, or controversy occurred or accrued before or after the date you agreed to these Guest Terms, (in each case, a “Claim” and collectively “Claims”) shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“Rules”), or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Arbitration Rules”). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”). If, for any reason, the FAA is inapplicable, then this Arbitration Agreement is governed by the laws of New Jersey, including its procedural and substantive rules.

Final and binding arbitration shall provide the sole and exclusive remedy and forum for all such Claims. The Claims covered by this agreement to arbitrate include, but are not limited to:

• Claims for discrimination or harassment (except for claims of sexual harassment and sexual assault, at the Individual’s election) on the basis of ancestry, age, color, marital status, medical condition, physical or mental disability, national origin, race, religion, sex, pregnancy, sexual orientation, or any other characteristic protected by applicable law;
• Claims for retaliation;
• Claims for breach of any contract or covenant (express or implied);
• Claims for violation of any federal, state, or other governmental law, statute, regulation or ordinance now in existence, or hereinafter enacted, and amended from time to time;
• Individual Claims for relief under the Private Attorneys General Act (PAGA) or any other similar federal, state, or local law; or
• Any tort Claims (including, but not limited to, intentional injury, defamation and termination of employment in violation of public policy).

WAIVER OF RIGHT TO JURY TRIAL

THE PARTIES AGREE TO GIVE UP THEIR RESPECTIVE RIGHTS TO HAVE THE ABOVE-MENTIONED CLAIMS DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY OR BY ADMINISTRATIVE PROCEEDING, AND INSTEAD ARE ACCEPTING AND AGREEING TO THE USE OF FINAL AND BINDING ARBITRATION.

WAIVER OF CLASS ACTION

All Claims, whether by Blacklane or you, must be brought in an individual capacity, and shall not be brought as a plaintiff, claimant, class representative or class member in any purported class action, collective action, or representative proceeding, nor joined or consolidated with any Claims of any other person or entity. Accordingly, each party hereby waives and releases any and all right or rights to initiate and/or participate as a class member in any class action, collective action, or representative proceeding involving the other Party. For the avoidance of doubt, any Claims that Blacklane or you may bring must be brought solely in that party’s individual capacity.

Claims Not Covered by this Agreement to Arbitrate

This agreement to arbitrate does not cover:

• At your election, claims for sexual harassment and sexual assault and
• Claims which are not arbitrable under any federal, state, local, or other law (the determination of which shall be made by the arbitrator), including for California-based individuals only, claims required to be within the jurisdiction of the California Department of Labor Standards Enforcement.

Provided, however, that for the avoidance of doubt, only the claim or part of a claim that cannot be arbitrated under this Section 4 shall not be arbitrated, but to the maximum extent permissible, any and all other Claims or any and all parts of Claims that are subject to arbitration shall be severed and remain subject to arbitration to the maximum extent possible.

Nothing in these Guest Terms precludes either Blacklane or you from filing a charge or complaint with any state or federal administrative agency that prosecutes a claim on behalf of the government, for purposes of assisting or cooperating with such agency in its investigation or prosecution of charges or complaints. However, the parties hereto waive their right to any remedy or relief as a result of such charges or complaints brought by such prosecuting agencies, to the extent that is permissible under law.

Statute of Limitations

All Claims must be brought within the applicable statute of limitations established by law.

Arbitration Procedures

i. Arbitration Rules:

The arbitration will be conducted by the AAA under the Consumer Arbitration Rules, as modified by this Arbitration Agreement. A copy of the AAA Arbitration Rules is available for you to review on the Internet at www.adr.org. You further understand that you may contact the AAA at 800-778-7879 to request a copy of these rules. In the event there is a conflict between the AAA Arbitration Rules and these Guest Terms, these Guest Terms shall govern. Either Party may bring an action in court to compel arbitration under these Guest Terms and to enforce an arbitration award. Otherwise, neither party shall initiate or prosecute any lawsuit or administrative action in any way related to any applicable Claim, except as set forth in these Guest Terms. If the value of the relief sought is $10,000 or less, you or Blacklane may elect to have the arbitration conducted by telephone or based solely on written submissions, which shall be binding on you and Blacklane, subject to the arbitrator’s discretion to require an in-person hearing.

ii. Pre-arbitration dispute resolution and notification:

The parties agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by these Guest Terms.

Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Blacklane that you intend to initiate an informal dispute resolution conference, write to Blacklane, Attn: Legal Department, legal@blacklane.com providing your name, the telephone number(s) associated with your booking, the email address associated with your booking, and a description of your claim. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. 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.

iii. Initiating arbitration:

You or Blacklane may initiate arbitration proceedings pursuant to the Arbitration Rules. concerning the filing of arbitration demands may be obtained and demands may be filed online at www.adr.org/fileacase. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. A party initiating an arbitration against Blacklane must send the written demand for arbitration to Blacklane North America, Inc., LLC, Attn: Legal Department, legal@blacklane.com or serve the demand on Blacklane registered agent for service of process.

iv. Selection of Arbitrator:

All Claims subject to arbitration shall be decided by a single arbitrator. The parties must agree on the selection of an arbitrator within thirty (30) days of receipt of notice that an arbitration proceeding has commenced. In the event that the parties hereto cannot agree on the selection of an arbitrator within thirty (30) days, then the AAA shall appoint the arbitrator pursuant to the AAA Arbitration Rules. The arbitrator shall have exclusive authority to resolve any dispute relating to the arbitrability of a Claim or to the interpretation, applicability, enforceability, or formation of an agreement under these Guest Terms. Likewise, procedural questions which arise out of the Claim and bear on its final disposition are also matters for the arbitrator.

v. Arbitration Hearing:

Any arbitration proceeding relating to a Claim and/or arising under these Guest Terms, shall be held in the City of New York, and you and Blacklane each irrevocably waives any objection he, she, or it may now or hereafter have to venue or to convenience of forum. In addition, each party hereto agrees that all Claims shall be heard and determined only in such venue and agrees not to bring any proceeding arising out of or relating to a Claim or these Guest Terms in any other venue.

vi. Arbitration Decision:

The arbitrator shall issue a decision or award in writing, stating the essential findings of fact and conclusions of law. The arbitrator’s award shall be final and binding.

vii. Confidentiality of Proceedings:

Except as required by law, all proceedings and all documents prepared in connection with any arbitration shall be confidential and the arbitration subject matter shall not be disclosed to any person other than the parties to the proceedings, their counsel, witnesses and experts, the arbitrator, and, if involved, the court and court staff. The parties shall stipulate to all arbitration and court orders necessary to effectuate these confidentiality provisions.

viii. Arbitrator’s Awards:

The arbitrator shall only have authority to award equitable relief, damages, costs, and fees as a court of competent jurisdiction would have for the particular claims asserted, and any action of the arbitrator in contravention of this limitation may be the subject of court appeal by the initiating party. All other aspects of the arbitrator’s ruling shall be final. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration or applicable arbitration appeal.

ix. Representation / Arbitrator Fees and Costs / Attorneys’ Fees / Costs:

The parties to any arbitration shall bear equally the cost of the arbitrator and the administrative fees associated with the arbitration proceeding. A final allocation of arbitration fees and costs shall be made by the arbitrator selected to oversee the arbitration, applying any required substantive legal principle. Each party may be represented in the arbitration by an attorney or other representative selected by the party. Each party shall be responsible for his, her, or its own attorneys’ and expert witness fees, unless otherwise required by applicable contract or statute.

x. Binding Effect; Third-Party Beneficiaries: Your agreement to arbitrate applies to and binds all parties, including spouses, heirs, third-party beneficiaries, and permitted assigns, if their claims relate to your use of the Blacklane Platform. It also applies to any person on behalf of whom you make a booking. Any claims brought by third-party beneficiaries against a party will also be subject to this agreement to arbitrate.

5. Payment

When you make a ride request using the Blacklane Platform, Blacklane will quote you a fare at the time of your request. The quote is subject to change until the ride request is confirmed. You further acknowledge that using Blacklane’s Services might lead to costs for the services you obtain from a Local Service Provider (“Charges”). Charges can include fees, tolls, surcharges such as a booking fee, various tolls, airport surcharges, and fees for split payment processing. Applicable taxes will be included where mandated by law. Payments you make are final and non-refundable unless Blacklane decides otherwise. You bear any transaction fees in the event of a payment by transfer. Charges must be paid immediately, and Blacklane will use your preferred payment method in your booking to facilitate payment, subsequently emailing you a receipt. Should your primary payment method be expired, invalid, or otherwise unchargeable, you agree that Blacklane might use a secondary payment method registered in your booking if it’s available.

Blacklane retains the right to set, alter, or remove Charges for the Service provided at its discretion. You also recognize that Charges in some areas might rise significantly during peak demand times. Blacklane will make reasonable efforts to notify you about applicable Charges, but you are responsible for Charges incurred for any booking regardless of your knowledge. Occasionally, Blacklane may provide Guests with vouchers, promotions or discounts, resulting in varied amounts for similar services, and you agree these promotions do not affect your Charges unless extended to you. You’re free to cancel requests for Services which may incur a cancellation fee.

The payment structure is intended to fully compensate the Local Service Provider for the services provided. Statements by Blacklane suggesting that tipping is “voluntary”, “not required”, or “included”, simply mean Blacklane will not add extra amounts to what you’ve already paid. You are free to provide additional gratuity to the Local Service Provider but are under no obligation. Gratuities remain a personal choice.

You are responsible for the costs of repairing damages or cleaning the vehicles and property of Local Service Provider if these exceed normal “wear and tear” from your use of the services. If a Local Service Provider reports damage or cleaning necessity which Blacklane reasonably verifies, Blacklane may process payment for these costs using your payment method on file, on behalf of the Local Service Provider. These payments will be forwarded to the Local Service Provider and are non-refundable.

6. Intellectual Property

All intellectual property rights in and to the Blacklane Platform shall be owned by Blacklane absolutely and in their entirety. These rights include database rights, inventions and patentable subject-matter, patents, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Blacklane Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you or on your behalf to us are non-confidential and shall become the sole property of Blacklane. Blacklane shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Except for the explicit license grants hereunder, nothing in these Guest Terms shall be construed to transfer ownership of or grant a license under any intellectual property rights.

7. Disclaimers

Blacklane does not provide transportation services, and Blacklane is not a transportation platform or a transportation network company. Blacklane is not a broker or a common carrier or public carrier. The following disclaimers are made on behalf of Blacklane, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders:

THE BLACKLANE PLATFORM AND THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOUR USE OF THE SERVICES AND THE BLACKLANE PLATFORM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE OF THE BLACKLANE PLATFORM AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE BLACKLANE PLATFORM, INCLUDING THE ABILITY TO PROVIDE OR RECEIVE SERVICES AT ANY GIVEN LOCATION OR TIME. BLACKLANE RESERVES THE RIGHT, FOR EXAMPLE, TO LIMIT OR ELIMINATE ACCESS TO THE BLACKLANE PLATFORM IN SPECIFIC GEOGRAPHIC AREAS AND/OR AT SPECIFIC TIMES BASED ON COMMERCIAL VIABILITY, PUBLIC HEALTH CONCERNS, OR CHANGES IN LAW.

WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY:

• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR THE BLACKLANE PLATFORM;
• REPRESENTATIONS OR GUARANTEES (PAST, PRESENT, OR FUTURE) CONCERNING THE CONDITION, STATE OF REPAIR, SUITABILITY, OR SECURITY OF ANY LOCATION ACCESSED OR VEHICLE USED IN CONNECTION WITH THE SERVICES;
• DIRECT OR INDIRECT DAMAGE, LOSS, OR INJURY RESULTING FROM YOUR, YOUR PASSENGERS’ AND ANY THIRD PARTIES’ ACTIONS OR OMISSIONS, INCLUDING BUT NOT LIMITED TO ANY CRIMINAL OR ILLEGAL ACTIVITY;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE BLACKLANE PLATFORM BY ANY THIRD PARTY;
• CONNECTIVITY, AVAILABILITY, ACCURACY, COMPLETENESS, AND RELIABILITY OF THE BLACKLANE PLATFORM, INCLUDING WITH RESPECT TO MAPPING, NAVIGATION, ESTIMATED TIMES OF ARRIVAL, AND ROUTING SERVICES;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

BLACKLANE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF LACK OF OR IMPROPER INSTALLATION OR USE OF CHILD RESTRAINT SYSTEMS FOR GUESTS ON RIDES REQUESTED THROUGH THE SERVICES FOR WHOM A CHILD RESTRAINT SYSTEM IS LEGALLY REQUIRED.

BLACKLANE 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 LOCAL SERVICE PROVIDER, EVEN IF BLACKLANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLACKLANE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BLACKLANE’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT LOCAL SERVICE PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF BLACKLANE.

ANY CLAIMS RELATED TO THE LIABILITIES AND DISCLAIMERS IN THIS SECTION MAY BE DIRECTED TO RELEVANT THIRD PARTIES SUCH AS THOSE PROVIDING THE DRIVER SERVICES.

8. Limitation of Liability

NEITHER BLACKLANE NOR ANY OF ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES OR BREACH OF THESE GUEST TERMS OR ANY ADDITIONAL TERMS REFERENCED HEREIN, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF BLACKLANE, EVEN IF BLACKLANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THESE GUEST TERMS, BLACKLANE’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT OF FEES PAID BY YOU TO BLACKLANE IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM OR $1,000 USD.

THE LIMITATIONS 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, BLACKLANE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON BLACKLANE’S CHOICE OF LAW PROVISION SET FORTH BELOW.

9. Indemnity

You agree to indemnify and hold Blacklane and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, 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 Guest Terms or any other terms and policies these Guest Terms incorporate by reference; (iii) your violation, or any of your or passengers’ violation, of any law or the rights of any third party, including, but not limited to, any other guests or riders, the Local Service Provider’s Personnel, other motorists, or pedestrians; (iv) any harmful act committed by your or any of your passengers toward any other person, including any driver or other user of the Services, with whom you connected via the Services; (v) damage to any real or personal property resulting from you actions or omissions, or the actions or omissions of any of your passengers; (vi) any illegal or criminal activity by you, your passengers, or third parties in connection with the services; or (vii) any other activities in connection with the Guest Terms or Services. Your indemnification obligations shall apply regardless of the negligence of Blacklane or any other party. You will not, without Blacklane’s written consent, agree to any settlement on behalf of Blacklane which includes either the obligation to pay any monetary amounts, or admissions of liability, whether civil or criminal, on the part of Blacklane.

10. Force Majeure

Blacklane shall not be in breach of these Guest Terms nor liable for failure or delay in performing obligations under these Guest Terms if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes; riots; acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond Blacklane’s reasonable control. All service dates under these Guest Terms affected by force majeure shall be tolled for the duration of such force majeure. The parties hereto hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.

11. Term and Termination

The Guest Terms, and any terms incorporated by reference, are effective upon you selecting “I agree” to these Guest Terms. The Guest Terms will remain in full force and effect while you use the Services. Blacklane may terminate these Guest Terms or deactivate your Account immediately if: (1) you no longer meet eligibility requirements; (2) Blacklane determines that account deactivation is necessary to protect the safety of the Blacklane community or third parties; or (3) any other reason Blacklane reasonably deems appropriate. If your account is deactivated, you will be notified and given an opportunity to resolve the issue before permanent termination. For other breaches of these Guest Terms, you will also receive notice and have a chance to address the breach. Certain provisions will continue to apply even after termination.

12. Choice of Law

These Guest Terms shall be governed by and construed in accordance with the laws of the state in which your dispute arises, without regard to the choice or conflict of law principles of any jurisdiction, except as may be otherwise provided in the agreement to arbitrate in Section 4 above. This choice of law provision applies only to the interpretation of these Guest Terms, and these provisions shall not be interpreted as generally extending any state’s law to you if your dispute did not arise in that state. Any dispute, claim, or controversy arising out of or relating to incidents or accidents excepted from the Arbitration Agreement above, or determined by a court of competent jurisdiction not to be subject to arbitration, whether before or after the date you agreed to these Guest Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.

13. Choice of Forum

To the extent for any reason claims do not proceed in arbitration as provided by the agreement to arbitrate in Section 4, any dispute, claim, or controversy arising out of or relating to these Guest Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be brought exclusively in the state or federal courts of the state which the dispute, claim or controversy arose, notwithstanding that other courts may have jurisdiction over the parties and subject matter.

14. Final Provisions

These Guest Terms, and any additional terms and policies incorporated by reference, constitute the entire agreement between Blacklane and the Guest for the Services. There are no collateral agreements. Should any part of these Guest Terms be found to be unenforceable, such portion shall be severed from these Guest Terms, and the remaining portions shall continue to be enforceable.