Voluntary Separation Agreement And Release Of All Claims: Fill & Download for Free

Assuming this is involves an employee / contractor leaving a U.S. company, and no special circumstances:Date separation is effectiveDate agreement is effectiveStatement whether it is voluntary, resignation, mutual agreement, termination, etc.Exactly what the company agrees to pay the person in all forms, and when: pay, benefits, expense reimbursements, severance payment, and so on — and whether it has been paid yet. If payment is left to the future, an acknowledgement / receipt / proof of payment.From the company’s side, an indication that there is a payment in settlement and not just a payment of sums acknowledged to be owed, so that there is consideration for any post-employment obligations of the former team memberExactly what will happen to any stock, vested and unvested, stock options, RSUs, and so on, what transfer restricitons will apply, and whether these are covered by the separation agreement or the default stock termsIf there is any question of ownership (intellectual property, computers, furniture, business opportunities, client relationships, etc), spell it outIf any stock or property changes hands, assignment agreements / instruments, ideally standing on their own so they can be shown to third parties without showing the entire severance agreementGeneral, mutual release of all claims, known and unknown. Magic language, e.g. California Section 1542 waiver. Specific release, disavowal, covenant not to bring claims, etc., of hot issues: harassment, discrimination, ADA, workplace injury, and so on.Considering that everything is released, a statement of what the properties owe each other going forward: confidentiality, noncompetition, nondisparagement, references, listing on resume, how to describe severance. Statement of premise / representations and warranties / recitals if any made by either party as a matter of settlement, so that if one of the parties was hiding something the other has a recourse. State whether these are new obligations as part of the separation agreement, or an affirmation that certain terms from before (e.g. intellectual property assignment) will continue despite severance / release.List of any other claims or circumstances not released, or kept to a future date (e.g. residual sales commissions). Best keep these to a minimum.Handling of disputes: venue, jurisdiction, choice of law, any special rules about damages, claims, injunctive rights, notice and cureAnything to deal with special issues regarding the job, company, etc. (e.g. medical records, law firm clients, law enforcement issues, national defense secrets, work visas)

I was a moderate “liberal” when I was in high school. Well, maybe. I was strong on civil rights and hated anything that smacked of imperialism, but had rather humdrum and unexceptional notions about economic policy. I sometimes thought of myself as moderate, like my mother, and, at other times, as more liberal than my Democrat father.But I was not a reactionary. And I was never inclined to socialism — the extremist version, “Communist” socialism — which I knew enough about to regard with utter suspicion.I was nevertheless very curious about utopian communal experiments. That may have been more a romantic curiosity than an eager political agenda. So, I was a seeker, and my quest led me to a book that was new at that time: Robert Nozick’s 1974 classic, Anarchy, State and Utopia. I devoured it at age 17, but — though greatly impressed (and in complete agreement with the final third of the book) — for another three years I assumed that gun control was a grand idea and that minimum wage legislation was the very minimum we could do for the working poor. Nozick had not convinced me of libertarianism, and I was still pretty much in the centrist camp, between left and right — the former which I distrusted and the latter which I loathed.What changed my mind?Three things, at least:I came to see that many statist “solutions” to social problems (minimum wages being a great example) are in and of themselves (a) not what people typically think they are even on the face of it, and (b) do not show the uniformly good benefits claimed for them. Indeed, they often, even usually, produce widespread negative effects.Since grade school I had been deeply concerned with in-group/out-group dynamics. From observation and from reading I had learned that people become rather irrational in relationship to both their tribes and to outsiders. The sense of justice that so keenly moved me, but seemed fragile in so many others, was almost invariably perverted because of the playing out of this inevitable social orientation. I saw amity/enmity (inclusion/exclusion) in both standard and inverse forms as a huge problem, and I came to see the individualist conception of liberty as the best solution to it.Being, as I was, an odd duck, I recognized that my values and my developing understanding were largely at variance with common opinion. This landed me with a philosophical problem: value diversity. How could there be any justice if values were diverse? That is, if justice is giving people “what they deserve” but desert is largely dependent upon a specific, invariant value set, how can we determine the substance of justice? Isn’t it arbitrary? “Relative”? This was the question that unsettled me as I closed Anarchy, State and Utopia for the first time. How is justice even possible at all? I came to see liberty as a universally handy and usually easily identifiable social equilibrium boundary, one that could adjudicate competing values by not resting on strategies dependent and understood primarily in values terms. (Whew; sorry about that.) Freedom possesses a formalistic element that allows it to serve as a good balancing point among competing valued agendas.*And there we get to the answer to our present question: freedom is a moderating principle.It is not an extremist notion at all — I am with Brandon Ross on this. Both your desire to steal from me and my desire to steal from you must be thwarted. The compromise is no stealing. Grogh’s plan to enslave others, and others’ machinations to enslave Grogh? Both strategies must be given up. I leave you alone, you leave me alone . . . until we can find mutually advantageous opportunities for cooperation. And then we work together (or just trade) to achieve either shared or separate ends.We respect each other’s separateness and individuality as a baseline, and hold each other accountable no matter what group we belong to. We can be as gregarious or as withdrawn as we want. But neither our “other-interests” nor our “self-interests” provide excuses to harm each other.And the simple rule that prevents chaos and strife?Do not to initiate force.Freedom is the condition where no one is preyed upon by others. It is the condition where we support each other voluntarily. Or not.Today’s political centrists try to moderate competing claims in amazingly inconsistent ways. On some occasions or contexts your group lives off my group; in others, mine lives off yours. On some occasions “we” sacrifice individuals for group benefit; in others, “we” sacrifice our wealth or attention for the benefit of a few individuals. How the “bargains” are made depends upon political pressure in either a democratic or behind-the-scenes corrupt fashion (there are differences, but the differences are not huge), and it is by historical happenstance that a centrist holds to one program one week, a competing program the next.A centrist can be talked into just about anything.Because what centrists moderate are competing expressed political demands, their principles are ad hoc and non-rigorous.One epoch the blacks are ridden herd over; the next they are released from such oppression; a decade later they are given vast amounts of resources without anything in exchange, enticing them to become wards, “clients” of the State. One decade Asians are allowed in the country to do hard labor; a few later they are harassed and deported; in wartime Japanese are interred; much later some are compensated. There is no real principle discernible. Centrists move to and fro to the winds of doctrine.They call it “being realistic.”Libertarianism offers a way out of this appalling back-and-forth of in-group/out-group antagonism.It is an eminently civilized way out. It is the basic “moral deal”: I sacrifice my options for gain through initiated force, and you do the same — and among all these freed people (freed from each others’ malignity and coercion and exploitation) we find opportunities for mutual advance.Despite the apparently huge sacrifices for individual or particular group gain, the gains from civilization are vast, and for everybody.I know, I know: the cost of liberty sure seems high: you can no longer gain a sense of pride — or revel in temporary triumph — in making your enemies pay for what you want. The desire to coerce and be coerced is very baboonish, and suppressing that desire is not always easy. Limiting our lust to dominate down to defense and restitution (and perhaps retaliation)? Easier for some than others. And to restrict the resolution of conflicts to public adjudication, according to public principles that are impartial as to specific persons or groups? Where is the fun in that?Well, there is nothing much fun in relying upon the rule of law, rather than the rule of regulators, redistributionists, and rent-seekers.But the rule of law does allow a lot of fun. Not for no reason is freedom commonly associated with fun. Yet that is not the whole story: there is a certain nobility in the responsibility required, in insisting upon an acute focus on actions.And remember, it is honest.Centrists, I came to see, were always getting sucked into little grafts and even extravagant boondoggles. And yet they are proud. Their pride can be seen in their over-confidence, their conceit in their discernment. They think they can conjure up wisdom to judge each new situation “according to its merits.”That is hubristic. No one can do that on the macro social level. The world is too complex.We need simple rules to live by, and to allow the prudential principle of “according to its merits” succeed or fail on voluntary terms. Failure must be accepted as such — and not merely shrugged off as in moderate statism, where every failure is an excuse to throw more money at it, sometimes also placing “better people” at the top.Without freedom as a limiting principle, democracies become welfare states and welfare states become “churning states” — where there is so much redistribution of wealth and advantage that in most cases it proves impossible to know who really comes out ahead and who gets the short end of the stick.I became a libertarian because I saw liberty as a solution tothe craziness of the left’s “cult of the other” as well asthe right’s “no kill like overkill” defense of in-group.But, perhaps most importantly, to the centrists’ pathetic attempts at moderating those two anti-freedom tendencies in politics in ad hoc and piecemeal fashion, according to the realpolitik of the moment.I became a libertarian because I did not want to be suckered by incoherent or perverse strategies. I did not want to be a mark. And I did not want to encourage the grifters.* My position before becoming a libertarian was, philosophically, summed up neatly in Walter Kaufmann’s 1973 treatise/self-help book From Decidophobia to Autonomy Without Guilt and Justice. I worked through his congenial non-cognitivism by seeing the Schelling Point aspect of the Non-Aggression Principle, and, later, by incorporating an evolutionary component to establish justice as an emergent property of distributed adjudications of disputes over long periods of social history. The book that helped me see freedom’s utility — a sort of anti-disutility — was Ludwig von Mises’ 1962 classic, The Ultimate Foundation of Economic Science. In that work I saw something even more challenging than value diversity: value subjectivity. And the social function of freedom became apparent . . . but that’s another story.

These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by Uber India Systems Private Limited (“Uber”) a private limited liability company established in India , having its registered office at Regus Business Platinum Centre Pvt. Ltd., Level 13, Platinum Techno Park, Plot No.17/18, Sec-30A, Vashi, Navi Mumbai, Maharashtra-400705 along with office in other states with Corporate Identification Number U74120MH2013FTC247008 . PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Uber. 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. Uber 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. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Uber may amend the Terms related to the Services from time to time. Amendments will be effective upon Uber’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information in connection with the Services is as provided in Uber’s Privacy Policy located at Legal | Uber. Uber may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.2. THE SERVICESThe Services constitute a technology platform that enables users of Uber’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Uber or certain of Uber’s affiliates (“Third Party Providers”). Unless otherwise agreed by Uber in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT UBER DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY UBER OR ANY OF ITS AFFILIATES.LICENSE.Subject to your compliance with these Terms, Uber 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 Uber and Uber’s licensors.RESTRICTIONS.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 Uber; (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.PROVISION OF THE SERVICES.You acknowledge that portions of the Services may be made available under Uber’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “Uber,” “UberGo”, “UberPremier”, “UberAuto”, “UberHire”, “UberMoto”, “uberPOP,” “uberX,” “uberXL,” “UberBLACK,” “UberSUV,” “UberBERLINE,” “UberVAN,” “UberEXEC,” and “UberLUX” and the logistics request brands currently referred to as “UberRUSH,” “UberFRESH” and “UberEATS”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Uber’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.THIRD PARTY SERVICES AND CONTENT.The Services may be made available or accessed in connection with third party services and content (including advertising) that Uber does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Uber does not endorse such third party services and content and in no event shall Uber be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. OWNERSHIP. The Services and all rights therein are and shall remain Uber’s property or the property of Uber’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 Uber’s company names, logos, product and service names, trademarks or services marks or those of Uber’s licensors.3. YOUR USE OF THE SERVICESUSER ACCOUNTS.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. Account registration requires you to submit to Uber certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). 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 and use the Services or Uber’s termination of these Terms with you. 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 Uber in writing, you may only possess one Account.USER REQUIREMENTS AND CONDUCT.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 using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity 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.TEXT MESSAGING.By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Uber at any time by sending an email to [email protected] indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.PROMOTIONAL CODES.Uber may, in Uber’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Uber establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Uber; (iii) may be disabled by Uber at any time for any reason without liability to Uber; (iv) may only be used pursuant to the specific terms that Uber establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Uber reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Uber determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.USER PROVIDED CONTENT.Uber may, in Uber’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Uber 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 Uber, you grant Uber a worldwide, perpetual, irrevocable, transferrable, 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 Uber’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 Uber 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 Uber’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 Uber in its sole discretion, whether or not such material may be protected by law. Uber may, but shall not be obligated to, review, monitor, or remove User Content, at Uber’s sole discretion and at any time and for any reason, without notice to you.NETWORK ACCESS AND DEVICES.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 a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Uber 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.4. PAYMENTYou understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges ”). After you have received services or goods obtained through your use of the Service, Uber will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Uber reserves the right to charge you an additional amount for pickup facility provided at various places along with applicable taxes (including but not limited to GST). Charges paid by you are final and non-refundable, unless otherwise determined by Uber. 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. Uber will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by Uber using the preferred payment method designated in your Account, after which Uber will send you 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 Uber may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. As between you and Uber, Uber 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 Uber’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Uber 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. Uber may from time to time provide certain users with promotional offers, subscriptions 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,subscriptions 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 or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, Uber does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Uber (on Uber’s website, in the Application, or in Uber’s marketing materials) 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 Uber provides any additional amounts, beyond those described above, to the Third Party Provider. 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. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.REPAIR OR CLEANING FEES.You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider 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 Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Uber in Uber’s reasonable discretion, Uber reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Uber to the applicable Third Party Provider and are non-refundable.5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.DISCLAIMER.THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” UBER 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, UBER 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. UBER 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.LIMITATION OF LIABILITY.UBER 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, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER 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 UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL UBER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS (€500). UBER’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT UBER 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 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.INDEMNITY.You agree to indemnify and hold Uber and its 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) Uber’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.6. GOVERNING LAW; ARBITRATION.Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.7. OTHER PROVISIONSCLAIMS OF COPYRIGHT INFRINGEMENT.Claims of copyright infringement should be sent to Uber’s designated agent. Please visit Uber’s web page at Legal | Uber for the designated address and additional information. NOTICE. Uber may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Uber by written communication to Uber's address as mentioned above GENERAL. You may not assign or transfer these Terms in whole or in part without Uber’s prior written approval. You give your approval to Uber for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Uber or any Third Party Provider as a result of the contract between you and Uber or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”UBER GUIDELINES FOR LAW ENFORCEMENT AUTHORITIESThe following guidelines are intended to inform law enforcement about the legal process for seeking records from Uber. These are merely guidelines, and this information may change at any time. For private party requests, including requests from civil litigants and criminal defendants, we recommend browsing Guidelines for Third Party Data Requests.WHAT IS UBER AND WHAT RECORDS DO WE HAVE?Uber is a technology company that has developed an app that connects users (riders) with driver partners who provide transportation to the user. Uber is not a transportation carrier, and does not employ any drivers. Users can use the Uber App to request transportation via their smartphone, the web, or via SMS. Uber users can choose from a variety of drivers available in his or her location. At the end of the ride, both the driver partner and user receive a copy of the fare receipt. More information about our services is available here. We store and maintain information as described in our Privacy Statements and our Terms of Use.WHAT TYPE OF LEGAL PROCESS DOES UBER REQUIRE BEFORE PRODUCING USER OR PARTNER INFORMATION?For U.S. Law Enforcement We require valid and sufficient legal process before we can disclose business records regarding partners, users, or trips. In most instances, we won’t be able to provide any information without a valid subpoena, court order, or search warrant. We accept law enforcement requests via email to [email protected] or via personal service through our corporate agent, National Registered Agents, Inc., 818 W. Seventh Street, Suite 930, Los Angeles, California 90017. Our acceptance of legal process does not waive any legal objections Uber may have and may raise in response to the request.For Non-U.S. Law Enforcement: We disclose business records only in accordance with our terms of service and applicable law. A valid U.S. court order (via mutual legal assistance treaty, mutual legal assistance agreement, or letter rogatory) may be required to compel disclosure of certain records. We accept non-US requests via email to [email protected] or via personal service to the following address: Uber B.V., Regus Business Platinum Centre Pvt. Ltd., Level 13, Platinum Techno Park, Plot No.17/18, Sec-30A, Vashi, Navi Mumbai, Maharashtra-400705. Our acceptance of legal process does not waive any legal objections Uber B.V. may have and may raise in response to the request.WHAT FORM OF REQUESTS DOES UBER REQUIRE, AND HOW ARE REQUESTS PROCESSED? To respond to a request, we will need to receive the applicable process described above, as well as a valid return email address from an official government domain. We review each request for facial and substantive validity, and will reject requests that are not facially and substantively valid. Among other things, we require requests to be narrowly tailored to a legitimate law enforcement need and will reject overly broad, vague, or unduly burdensome requests. In order to make sure your Law Enforcement Request is valid and does not seek more information than necessary, we ask for the following: A sufficiently narrow/defined time period; A specific event or action that the subject took; A specific reference (i.e., you must uniquely identify a user or driver partner) We disclose data to law enforcement when we determine that we are required to do so by law. In those instances, we will search for and disclose data that we are reasonably able to locate and retrieve.HOW DOES UBER HANDLE EMERGENCY REQUESTS?We have a process for evaluating requests on an emergency basis where there is an emergency that involves protecting a user, driver partner, or third party or stopping illegal activity that poses an immediate threat of death or serious bodily harm. Requestors must submit an Emergency Request Form (which can be requested through [email protected]) that describes in detail the nature of the emergency, and we review these requests on a case-by-case basis. Law enforcement can submit an emergency request by emailing [email protected]. Please note that we will only review and respond to emergency requests from law enforcement, and will not respond to emergency requests sent to this address by non-law enforcement officials. Non-law enforcement officials aware of an emergency situation should immediately and directly contact local law enforcement officials.DOES UBER NOTIFY INDIVIDUALS OF A LAW ENFORCEMENT REQUEST FOR INFORMATION RELATING TO THEM?Yes, we may notify subjects before producing their information to law enforcement, unless we are prohibited by law from doing so, or in exceptional circumstances such as emergencies. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other appropriate process establishing that notice is prohibited.DOES UBER PROVIDE A CERTIFICATE OF AUTHENTICATION OR EXPERT TESTIMONY?We may provide a certification from our records custodian but are not generally able to provide in-person or expert witness testimony. Law enforcement officials with questions about these guidelines should email [email protected]. Please note that we will not respond to non-law enforcement inquiries received at this email address. For non-law enforcement inquiries, please see Guidelines for Third Party Data Requests.