Mobile Application Driver License Agreement

Mobile Application Driver License Agreement

LAST UPDATED: May 2025

This Mobile Application Driver License Agreement ("Agreement") is a binding agreement between you ("Driver" or "you") and hich.mn inc, a Minnesota corporation, d/b/a Hich ("Company"). By using the HICH platform you acknowledge and agree to be bound by the terms of this document, the General Terms Of Use & Privacy Policy, any other policies, rules or guidelines implemented by HICH, and all applicable laws and regulations. These Agreements collectively govern your use of the Company’s rideshare mobile application (including all related documentation, the "Application"). The Application is licensed, not sold, to you.

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND THE COMPANY CAN BE BROUGHT (SEE SECTION 24 BELOW). THESE PROVISIONS WILL REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST THE COMPANY TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

BY CLICKING THE "AGREE" BUTTON AND DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

The Company’s Driver Addendum, Privacy Policy, and any other policies, rules or guidelines that may be applicable to particular offers or features of the Application (collectively, the “Policies”) are incorporated herein by reference and form part of this Agreement.  By using, installing or downloading the Application, you accept these Policies and agree that you are legally bound by the terms contained therein. Use of the Application is subject to other requirements and qualifications as determined by the Company in its sole discretion, such as background, driving record and other checks, minimum age requirements, and maintaining certain insurance standards. 

1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of this Agreement, to: 

   1. download, install and use the Company’s Application for your business purposes on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with this Agreement and the Company’s Policies; and 

   2. access, download and use on such Mobile Device the Content and Services (as defined in Section 13) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Company’s Policies applicable to such Content and Services as set forth in Section 13. 

2. License Restrictions. You shall not: 

   1. copy the Application, except as expressly permitted by this license;

   2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

   3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

   4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

   5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;

   6. use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;

   7. use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;

   8. frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service;

   9. use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party's use of the Application;

   10. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or 

   11. use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

3. Payment Terms. Payment terms and plans are described in a separate driver addendum available at https://www.hich.mn/subscription-terms (“Driver Addendum”), which is incorporated herein by reference and form part of this Agreement. 

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

5. Compliance with Laws. You are responsible for identifying, understanding, and complying with all laws (including, but not limited to, the Americans with Disabilities Act and applicable laws governing your collection, use, disclosure, security, processing and transfer of data), rules and regulations that apply to your provision of rides in the jurisdiction(s) in which you operate (your “Region”). Subject to applicable law, you are responsible for identifying and obtaining any required license (including driver’s license), permit, or registration required to provide any rideshare or peer-to-peer transportation services that you provide using the Company’s Application.

6. Licensing and Vehicle Standards. You agree that your vehicle will be properly registered, licensed and suitable to provide rides in your Region. You represent that at all times during the provision of any rides your vehicle will be in your lawful possession with valid authority to use your vehicle to provide rides in your Region. You agree that your vehicle will be in safe operating condition, consistent with safety and maintenance standards for a vehicle of its type in the rideshare or peer-to-peer transportation service industry. You agree to monitor for and repair any parts that are recalled by your vehicle’s manufacturer. 

7. Ride Requests. 

   1. You will choose the most effective, efficient, and safe manner to reach the destinations associated with a ride. Any navigational directions offered in the Application are offered for your convenience only; you have no obligation to follow such navigational directions. You agree to transport riders, or their guests, directly to their specified destination, as directed by the applicable person, without unauthorized interruption or unauthorized stops. 

   2. You may receive information about riders, including approximate pickup location, and you agree that your riders may also be given identifying information about you, including your first name, photo, location, vehicle information, and certain other information you have voluntarily provided through the Application (collectively, “User Information”). Without a rider’s consent, you agree not to contact any rider or otherwise use any of the rider’s User Information except solely in connection with the provisions of rides to that rider. You agree to treat all rider User Information as confidential. You acknowledge that your violation of your confidentiality obligations may also violate certain laws and could result in civil or criminal penalties.

8. Crashes, Criminal Offenses, and Other Compliance Obligations. For the purpose of assisting the Company with its compliance and insurance obligations, you agree to notify the Company within 24 hours and provide the Company with all reasonable information relating to any incident (including any crash involving your vehicle) that occurs during your provision of a ride and you agree to cooperate with any investigation and attempted resolution of such incident. You agree to notify the Company within 24 hours if you are arrested for, charged with, or convicted of a criminal offense, for Application eligibility consideration.

9. Location Based Technology Services. Your Mobile Device geo-location information is required for the proper functioning of the Company’s Application, and you agree to not take any action to manipulate or falsify your Mobile Device geo-location. You grant the Company the irrevocable right to obtain your geo-location information and to share your location with third parties, including your riders, who will see the approximate location of your vehicle before and during their ride. The Company may not and will not use this information to attempt to supervise, direct, or control you or your provision of rides.

10. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

11. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Policies – Privacy, Terms & Refund, located at https://www.hich.mn/terms (“Privacy Policy”), which is incorporated herein by reference and form part of this Agreement. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

12. Changes and Revisions to this Agreement.  We may revise and update this Agreement from time to time and in our sole discretion. All changes are effective immediately when we post them at https://www.hich.mn/driver-terms and apply to all access to and use of the Application and the Content and Services thereafter. You will receive notification of the changes via the Application and your continued use of the Application after we publish notice of changes to this Agreement indicates your consent to the updated terms.

13. Content and Services. The Application may provide you with access to Company's website located at https://www.hich.mn/ (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by the Company’s Policies. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such policies and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of our Policies will also be deemed a violation of this Agreement.

14. Geographic Restrictions. The Content and Services are based in the state of Minnesota in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

15. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

    1. the Application will automatically download and install all available Updates; or

    2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

16. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

17. Term and Termination.

    1. The term of Agreement commences when you download or install the Application, or you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this 17.

    2. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

    3. Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement or the Policies.

    4. Upon termination:

       1. all rights granted to you under this Agreement will also terminate; and

       2. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

    5. Termination will not limit any of Company's rights or remedies at law or in equity.

18. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO DRIVER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

THE COMPANY PROVIDES LEAD GENERATION AND RELATED SERVICES ONLY, AND MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE RIDERS WHO MAY REQUEST OR ACTUALLY RECEIVE RIDES FROM YOU. THE COMPANY DOES NOT SCREEN OR EVALUATE THESE RIDERS. 

IF A DISPUTE ARISES BETWEEN YOU AND YOUR RIDERS OR ANY OTHER THIRD PARTY, YOU RELEASE THE COMPANY FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

19. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

    1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

    2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. 

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

20. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

21. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

22. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

23. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in Minneapolis and Hennepin County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

24. DISPUTE RESOLUTION; BINDING ARBITRATION AND CLASS ACTION WAIVER.  PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIM. 

    1. AGREEMENT TO ARBITRATE. YOU AND THE COMPANY MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES AND CLAIMS IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE OR CLAIM BY ARBITRATION AS PROVIDED FOR IN THIS SECTION 24. EXCEPT AS EXPRESSLY PROVIDED BELOW, ALL DISPUTES AND CLAIMS BETWEEN US SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. COPIES OF THE AAA’S COMMERCIAL ARBITRATION RULES CAN BE OBTAINED AT THE AAA’S WEBSITE (www.adr.org).  THE AGREEMENT TO ARBITRATE PROVIDED FOR IN THIS SECTION 24 APPLIES TO ANY DISPUTE OR CLAIM BETWEEN YOU AND US, OR BETWEEN YOU AND ANY OTHER ENTITY OR INDIVIDUAL, ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, YOUR USE OF THE APPLICATION AND/OR THE CONTENT AND SERVICES, THE RIDESHARE OR PEER-TO-PEER TRANSPORTATION SERVICES THAT YOU PROVIDE USING THE APPLICATION, BACKGROUND, DRIVING RECORD AND OTHER CHECKS, YOUR PRIVACY, YOUR CONTRACTUAL RELATIONSHIP WITH US OR THE TERMINATION OF THAT RELATIONSHIP, THE NATURE OF YOUR RELATIONSHIP WITH US (INCLUDING, BUT NOT LIMITED TO, ANY CLAIM THAT YOU ARE OUR EMPLOYEE), TRADE SECRETS, WORKPLACE SAFETY AND HEALTH, UNFAIR COMPETITION, COMPENSATION, MINIMUM WAGE, EXPENSE REIMBURSEMENT, OVERTIME, BREAKS AND REST PERIODS, RETALIATION, DISCRIMINATION OR HARASSMENT, AND CLAIMS ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT, FAIR CREDIT REPORTING ACT, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, 42 U.S.C. § 1981, 8 U.S.C. § 1324B (UNFAIR IMMIGRATION RELATED PRACTICES), AMERICAN WITH DISABILITIES ACT, AGE DISCRIMINATION IN EMPLOYMENT ACT, FAIR LABOR STANDARDS ACT, WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT, OLDER WORKERS BENEFITS PROTECTION ACT OF 1990, OCCUPATIONAL SAFETY AND HEALTH ACT, CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985, MINNESOTA HUMAN RIGHTS ACT, FEDERAL, STATE OR LOCAL STATUTES OR REGULATIONS ADDRESSING THE SAME OR SIMILAR SUBJECT MATTERS, AND ALL OTHER FEDERAL, STATE OR LOCAL STATUTORY, COMMON LAW AND LEGAL CLAIMS (INCLUDING WITHOUT LIMITATION, TORTS) ARISING OUT OF OR RELATING TO YOUR RELATIONSHIP WITH US OR THE TERMINATION OF THAT RELATIONSHIP.  ALL DISPUTES CONCERNING THE ARBITRABILITY OF A CLAIM (INCLUDING DISPUTES ABOUT THE SCOPE, APPLICABILITY, ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE AGREEMENT TO ARBITRATE PROVIDED FOR IN THIS SECTION 24) SHALL BE DECIDED BY THE ARBITRATOR.

    2. UNLESS OTHERWISE AGREED BY THE PARTIES, THE PLACE OF ANY ARBITRATION PROCEEDING SHALL BE HENNEPIN COUNTY, MINNESOTA. OUR AGREEMENT TO ARBITRATE IS GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, INCLUDING BOTH THE FAA’S PROCEDURAL AND SUBSTANTIVE PROVISIONS. IF THE FAA IS INAPPLICABLE FOR ANY REASON, THEN THE AGREEMENT TO ARBITRATE PROVIDED FOR IN THIS SECTION 24 IS GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA, INCLUDING THE PROCEDURAL AND SUBSTANTIVE PROVISIONS OF THE MINNESOTA UNIFORM ABRITRATION ACT (MINN. STAT. § 572B.01, ET SEQ.), WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. FOR THE AVOIDANCE OF DOUBT, A COURT MAY NEITHER REFUSE TO ENFORCE SUCH AGREEMENT TO ARBITRATE, NOR REFUSE TO STAY ARBITRATION PROCEEDINGS, PURSUANT TO STATE LAW THAT IS INCONSISTENT WITH THE FAA OR MINNESOTA LAW (INCLUDING, FOR EXAMPLE, PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 1281.2(C).).  OUR AGREEMENT TO ARBITRATE APPLIES TO ANY LEGAL DISPUTE, PAST, PRESENT OR FUTURE, ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH US OR RELATIONSHIP WITH ANY OF OUR AGENTS, EMPLOYEES, EXECUTIVES, OFFICERS, INVESTORS, SHAREHOLDERS, AFFILIATES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, OR PARENT COMPANIES (EACH OF WHICH MAY ENFORCE THE PROVISIONS OF THIS SECTION 24 AS THIRD PARTY BENEFICIARIES). THIS SECTION 24 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.  

    3. CLASS ACTION WAIVER. 

       1. THE AGREEMENT TO ARBITRATE PROVIDED FOR IN THIS SECTION 24 AFFECTS YOUR ABILITY TO PARTICIPATE IN CLASS, COLLECTIVE, COORDINATED, OR CONSOLIDATED ACTIONS. BOTH THE COMPANY AND YOU AGREE THAT ANY AND ALL DISPUTES OR CLAIMS BETWEEN THE PARTIES SHALL BE RESOLVED ONLY IN INDIVIDUAL ARBITRATION, AND NOT ON A CLASS, COLLECTIVE, COORDINATED, OR CONSOLIDATED BASIS ON BEHALF OF OTHERS. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE (WHETHER BROUGHT BY YOU OR THE COMPANY, OR ON YOUR OR THE COMPANY’S BEHALF) TO BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED AS A CLASS, COLLECTIVE, COORDINATED, OR CONSOLIDATED ACTION, OR FOR YOU OR THE COMPANY TO PARTICIPATE AS A MEMBER IN ANY SUCH CLASS, COLLECTIVE, COORDINATED, OR CONSOLIDATED PROCEEDING. NEITHER AN ARBITRATOR NOR AN ARBITRATION PROVIDER SHALL HAVE AUTHORITY TO HEAR, ARBITRATE, OR ADMINISTER ANY CLASS, COLLECTIVE, COORDINATED, OR CONSOLIDATED ACTION, OR TO AWARD RELIEF TO ANYONE BUT THE INDIVIDUAL IN ARBITRATION.

       2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION 24 OR THE APPLICABLE ARBITRATION PROVIDER’S RULES, THIS CLASS ACTION WAIVER DOES NOT PREVENT YOU OR THE COMPANY FROM PARTICIPATING IN A CLASSWIDE, COLLECTIVE, COORDINATED, OR CONSOLIDATED SETTLEMENT OF CLAIMS.

       3. THE PARTIES FURTHER AGREE THAT IF FOR ANY REASON A CLAIM DOES NOT PROCEED IN ARBITRATION, THIS CLASS ACTION WAIVER SHALL REMAIN IN EFFECT, AND A COURT MAY NOT PRESIDE OVER ANY ACTION JOINING OR CONSOLIDATING THE CLAIMS OF MULTIPLE INDIVIDUALS AGAINST THE COMPANY IN A SINGLE PROCEEDING.  IF THERE IS A FINAL JUDICIAL DETERMINATION THAT ANY PORTION OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE OR UNLAWFUL FOR ANY REASON, (1) ANY CLASS, COLLECTIVE, COORDINATED, OR CONSOLIDATED ACTION SUBJECT TO THE ENFORCEABLE OR UNLAWFUL PORTION(S) SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION; (2) THE PORTION OF THE CLASS ACTION WAIVER THAT IS ENFORCEABLE SHALL BE ENFORCED IN ARBITRATION; (3) THE UNENFORCEABLE OR UNLAWFUL PORTION(S) SHALL BE SEVERED FROM THE AGREEMENT TO ARBITRATE PROVIDED FOR IN THIS SECTION 24; AND (4) THE SEVERANCE OF THE UNENFORCEABLE OR UNLAWFUL PORTION(S) SHALL HAVE NO IMPACT WHATSOEVER ON THE ENFORCEABILITY, APPLICABILITY, OR VALIDITY OF SUCH AGREEMENT TO ARBITRATE OR THE ARBITRABILITY OF ANY REMAINING CLAIMS ASSERTED BY YOU OR THE COMPANY.

25. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

26. Entire Agreement. This Agreement and the Policies (and any documents incorporated therein) constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. 

27. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. 

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