White Glove / Premier luxury ride experience / Miami,Fl

Terms and Conditions

WHITE GLOVES LUX SERVICES, LLC

Please read these Terms and Conditions (hereinafter “Terms“, “Terms and Conditions“) carefully before using WHITE GLOVES LUX SERVICES, LLC (hereinafter “White Glove”, “us“, “we“, or “our“) website, mobile phone application and/or retaining the services of White Glove.

Your (hereinafter “Users” or “Drivers”) access to and use of White Glove’s website or mobile phone application (hereinafter “Platform”) and services (hereinafter “Services”) is expressly and explicitly conditioned upon your acceptance of and compliance with the Terms and Conditions set forth hereunder. These Terms and Conditions shall apply to all visitors, users and others who access White Glove’s website, mobile phone application or utilize the Services of White Glove. For the purposes of this Agreement “Users” shall mean any and all persons who utilize White Glove’s ride sharing services and “Drivers” shall mean any and all persons who serve as Drivers on behalf of White Glove in relation to ride-sharing services whether or not the medium of transportation is bicycle, boat, chartered yacht or motor vehicle or any and all other forms of transportation.

By accessing White Glove’s Platform or utilizing the services of White Glove you expressly and unequivocally agree to be bound by the Terms and Conditions set forth herein. If you disagree with any part of the terms then you may not access White Glove’s website, mobile phone application or utilize the Services of White Glove. If you do not agree with these Terms and Conditions please do not click “Agree” or do not sign at the bottom.

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION WHICH MAY EFFECT USERS AND DRIVERS LEGAL RIGHTS PURSUANT TO THIS AGREEMENT AND IN ORDER TO BRING LEGAL ACTION PURSUANT TO THIS AGREEMENT OR OTHERWISE BRING LEGAL ACTION AGAINST WHITE GLOVE USERS AND DRIVERS SHALL SUBMIT ANY CLAIMS TO BINDING ARBITRATION AND USERS AND DRIVERS SHALL BE REQUIRED TO SUBMIT CLAIMS TO ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR THROUGH A CLASS ACTION LAWSUIT.

1. AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS AS THEY ARE A LEGALLY BINDING AGREEMENT. These Terms and Conditions shall apply to each and every individual who accesses White Glove’s website, mobile phone application or obtains the services of White Glove. White Glove expressly and explicitly reserves the right to restrict access and discontinue any and all services with User and Drivers if User or Driver fails to strictly comply with these Terms and Conditions. Any and all rides placed by Users and Drivers or other interactions by Users or Drivers with White Glove’s Platform shall by subject to these Terms and Conditions and shall exclude any additional or different terms contained in any prior agreements or discussions between User or Drivers and White Glove. These Terms and Conditions shall supersede all prior oral or written communications or agreements between Users or Drivers and White Glove. If there is ever conflicting contractual language between these Terms and Conditions and any other agreements between User or Driver and White Glove then these Terms and Conditions shall prevail.

2.PLATFORMS. The White Glove platform is to be used to connect Drivers with Users in order to venture to the destinations as desired by Users and Users and Drivers shall be required to create an account with White Glove in order to facilitate those services as set forth herein and White Glove shall have the absolute right to discontinue or otherwise shut down Users and Drivers account at White Glove’s sole discretion and Users and Drivers agree that White Glove shall have the power and authority to display certain features on Users and Driver account, including but not limited to, estimated wait and pick up time, destinations and User preferences.

3. INDEPENDENT CONTRACTOR. All services contemplated under this Agreement will be rendered by Drivers as an independent contractor. Drivers are not and shall not be deemed to be a partner, employee, or agent of White Gloves and shall not in any way represent himself/herself to be an employee, partner, joint venture, agent or officer with or of White Gloves. White Gloves acknowledges and understands that Drivers provide and/or is free to provide services to individuals and entities that are not associated with White Gloves. White Gloves shall not direct or control the manner in which Drivers perform their services for White Gloves pursuant to this Agreement and Drivers have the sole and complete discretion to perform services on behalf of White Gloves in the manner in which Drivers deem fit.

4. NO DRIVER BENEFITS. Drivers further agree that during the term hereof and thereafter, Drivers shall not be entitled to receive and shall not be eligible for any benefits of employment that may be available to the White Glove’s employees or their family members.

5. DRIVER’S MATERIAL REPRESENTATION. Drivers have represented that Drivers are fully qualified, properly licensed, and competent to perform the services contemplated in this Agreement. Drivers further agree and acknowledge that the services to be provided are personal in nature and therefore warrants that he/she may not and will not assign or delegate any task related to the services to anyone. Drivers acknowledge that his/her representations contained herein are material and that White Glove has relied upon the representations as to Driver’s qualification and its agreement to provide such services personally, in entering into this Agreement and that any violation will constitute a material breach of the Agreement. Parties further agree that no action by White Glove shall constitute a waiver of this provision.

6. PERFORMANCE OF DUTIES. Drivers will perform the services in a competent manner. In providing the services contemplated by this Agreement, Drivers shall maintain a standard of care at least equivalent to that customarily provided in the industry or field. Drivers further agree that he/she shall comply with any and all applicable laws, rules, regulations, ordinances and ethical standards when performing the services and duties contemplated under this Agreement on behalf of or for the benefit of the White Glove. In addition, Drivers agree to comply with and meet all requirements set forth by third-parties.

Furthermore, the parties agree to the following:

    a. During the term of this Agreement, White Glove will not directly supervise the work of Drivers. Instead, White Gloves is only concerned with the final product of Drivers efforts. Accordingly, the manner and method by which the services contemplated under this Agreement are to be provided shall be within Driver’s sole discretion, subject to Section fourteen (14) of this Agreement, but must be in accordance with all applicable laws, rules, or regulations.

    b. Drivers will not be required by White Gloves to work a specific schedule or number of hours.

    c. Drivers shall not at any time represent that Drivers are employed by White Glove and shall not take any action on behalf of the White Glove other than as an independent contractor.

7. MOBILE PHONE APPLICATION ACCESS AND USE. White Glove shall use reasonable endeavors to ensure our mobile phone application and website will be accessible at all times to Users and Drivers. However, White Glove may withdraw or amend their services set forth on their mobile phone application and these Terms and Conditions with or without notice to Users and Drivers. You may only use our website and mobile phone application for lawful purposes and those purposes set forth herein. Drivers and Users shall not use our website or mobile phone application in any way that: (i) breaches any applicable local, national, or international law regulation; (ii) that is unlawful or fraudulent, or has any unlawful or fraudulent purpose; (iii) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation; (iv) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software.

8. NON-EXCLUSIVE LICENSE. Users and Drivers hereby acknowledge and agree that White Glove, pursuant to these Terms and Conditions and other services provided by White Glove to Users and Drivers, that White Glove will grant to Users and Drivers a revocable license to 1) access White Gloves’ platforms through your personal mobile device in connection with those services set forth herein; and 2) to access content within White Glove’s mobile phone application and this license is granted to Users and Drivers on a limited basis and is non-transferable and non- exclusive and any license granted by White Glove to Users and Drivers are expressly reserved by White Glove and White Glove’s express licensors.

9. MODIFICATION. Users and Drivers hereby agree that these Terms and Conditions may be modified by White Glove, with or without notice to Users and Drivers, and all those modifications therein shall be binding upon Users and Drivers as if those modifications existed at the time Users and Drivers first created their User Account with White Glove or utilized White Glove’s services and the continued use of White Glove’s Platforms shall constitute Users and Drivers expressed consent to said changes within these Terms and Conditions.

10. SERVICES. White Glove shall provide to Users and Drivers certain services including arranging and scheduling transportation, ride sharing and/or delivery services through the transportation mediums of motor vehicles, boats, or bicycles and these services will strictly be for personal use and shall not be for any commercial purpose. Users and Drivers hereby expressly acknowledge that all arrangements of transportation with White Glove does not, in any way, establish White Glove as a transportation carrier or a provider of transportation or delivery services.

11. THIRD PARTY CONTENT. Users and Drivers acknowledge and agree that White Glove’s services and Platforms may be accessed or made available in connection with third party services and content, which White Glove has absolutely no control over and these third parties may have privacy policies and terms and conditions that differentiate from those of White Glove and in such

situations the third parties’ terms will control over White Glove’s terms. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary 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. Users and Drivers access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

12. USER ACCOUNTS. In order for Users and Drivers to access White Glove’s mobile phone application or otherwise obtain and utilize the services of White Glove, Users and Drivers agree that they 1) must be a minimum of eighteen (18) years of age; 2) must provide a valid form of payment in the form of a credit or debit card and must keep said valid form of payment up to date and current; 3) must provide certain personal information such as name, address, date of birth, age, and phone number. Failure to maintain up to date and accurate information regarding the foregoing may result in your inability to access or otherwise utilize White Gloves’ services and Users and Drivers agree that they shall take all necessary measures to protect and maintain the security of Users and Drivers’ account and all information therein.

13. USER REQUIREMENTS. Users and Drivers agree that they shall at no time assign or transfer their account to any third parties and Users and Drivers accounts shall only be used by the User or Driver registered to that particular account and at no time shall Users allow any individual under the age of eighteen (18) to arrange transportation with White Glove unless that person is accompanied by User. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). Users and Drivers shall not, at any time, access or use White Glove’s Platform to cause nuisance, annoyance, inconvenience, or property damage, whether to the Third- Party Provider or any other party. At times, you may be asked to provide proof of identity or other method of identity verification to access or use White Glove’s Services, and you agree that access to White Glove’s Services may be denied to you if you refuse or are unable to provide proof of identity or other method of identity verification.

14. DRIVER’S REPRESENTATIONS AND WARRANTIES. Any and all Drivers that render services for White Glove as the operator of any motor vehicle, boat or chartered yacht, bicycle, or any other medium of transportation expressly agrees and warrants that they will at all times comply with the following:

  1. All drivers have obtained and currently possess at the time they begin rendering services for White Glove any and all applicable licenses relating to the medium of transportation the Driver will be using to perform services on behalf of White Glove or any other applicable licenses that may be required in the jurisdiction in which Driver performs services on behalf of White Glove;
  2. Drivers own, or have the legal right to operate, the medium of transportation in which Drivers shall use to perform services on behalf of White Glove, including any motor vehicle, boats or chartered yachts, bicycles, or other mediums of transportation and these are and shall remain in good working conditions according to all applicable industry standards and requirements for said medium of transportation;
  3. Drivers will not engage in any reckless behavior while rendering services on behalf of WhiteGlove,includinganyunsafeorrecklessdriving,andDriversshallatalltimesoperate any medium of transportation on behalf of White Glove in a safe manner and shall not operate any motor vehicle, boats or chartered yachts, bicycles, or other modes of transportation under the influence of any alcohol, drugs, or other intoxicating substances;
  4. Drivers shall only use the medium of transportation that is reported to and approved by White Glove and Drivers shall be required to provide a picture or pictures of all forms of transportation they will be using to render services on behalf of White Glove prior to beginning rendering services for White Glove;
  5. Drivers will not attempt to act as a common carrier or a taxi service while performing services on behalf of White Glove except as consistent with this Agreement and Drivers will not demand that Users make cash payments, credit card payments, or any other payments that are inconsistent with this Agreement;
  6. Drivers will not engage in fraudulent activities toward Users of White Glove’s services and if White Glove suspects any fraudulent activities have occurred they may, at their sole discretion, withhold applicable fares and charges for the ride in question;
  7. Drivers will make reasonable accommodations for service animals;
  8. Drivers agree that White Glove may obtain and Driver shall provide certain information about Driver in order for White Glove to facilitate criminal background checks;
  9. Drivers will at all times maintain applicable liability insurance for any form of transportation they may use to render services on behalf of White Glove;
  10. Drivers will pay all applicable federal, state and local taxes based on any payment received for service rendered pursuant to Drivers engagement with White Glove.
  1. MINORS. Pursuant to these Terms and Conditions, Users utilizing White Glove’s services the White Glove platform shall only be used by individuals whom can form a binding and valid contract under the laws of the State of Florida and the White Glove mobile phone application and website shall not be used whatsoever by individuals whom are under the age of eighteen (18) or by individuals whose accounts were previously deactivated or otherwise cancelled by White Glove and Users nor Drivers shall be permitted to allow any other persons to operate their account other than those named on Users or Drivers’ White Glove account.
  2. TEXT MESSAGING & TELEPHONE CALLS. Users and Drivers hereby agree that White Glove may contact any User or Driver by telephone or text message at any of the phone numbers listed on Users and Drivers account. White Glove may contact Users and Drivers as outlined in White Glove’s Privacy Policy, including and namely for marketing purposes. Users and Drivers understand that they are not required to provide this consent as a condition of utilizing White Glove’s services. Users and Drivers also understand that they may opt out of receiving text messages from White Glove at any time.

17.WHITE GLOVES PROMOTIONS. There may be certain promotions, credits or benefits that may be provided to Users and Drivers by White Glove and these promotions shall have no effect on all the terms set forth herein and White Glove expressly reserves the right to withdraw or withhold any promotional benefits provided to Users or Drivers at their sole and complete discretion if White Glove discovers there was any fraudulent, illegal or otherwise prohibited activity in regards to the promotional services offered by White Glove. White Glove may provide Users and Drivers with certain unique codes that Users and Drivers may distribute to friends and family to become new Users and Drivers on behalf of White Glove and under no circumstances shall Users or Drivers sell or trade any promotional codes given by White Glove to Users and Drivers nor shall these codes be used for purposes of advertising on any social media platform.

18. DEVICE NETWORK ACCESS. Data network access is necessary to use the services of White Glove. Users and Drivers are responsible for obtaining this access and your mobile network’s data and messaging rates and fees may apply. Obtaining data network access may require acquiring and/or updating compatible hardware or devices necessary to access and use White Glove’s Platform, website and other applications. White Glove does not guarantee that the Services or their Platform, or any portion thereof, will function on any particular hardware or device. In addition, the Services or White Glove’s Platform may from time to time malfunction and delays are inherent in the use of the internet, electronic communications and mobile phone application.

19. PAYMENT FOR RIDES. Users and Drivers expressly understand and agree that pursuant to these Terms and Conditions Users will be charged for any rides that are performed by White Glove’s Drivers and Users will be required to allow White Glove to access Users account and more specifically the credit or debit card provided by User on Users Account and Users shall be required to keep a secondary method of payment within Users account in the event the primary payment method provided by User is no longer valid at the time payment is made to White Glove. Users expressly acknowledge and agree that any payment made to White Glove for services rendered is explicitly non-refundable unless otherwise determined by White Glove and all charges shall be inclusive of all applicable taxes, tolls, surcharges, airport charges, and booking or processing fees as set forth more fully in Section twenty-one (21) of this Agreement. All payments for rides pursuant to this Agreement will be taken from the primary of secondary form of payment provided for on Users account.

20. FARE CHARGES. Charges and rates for any and all rides with White Glove shall be calculated based on the type of vehicle the User requests, and the duration of the ride. Users will have the option to choose a vehicle from the following categories: Economy, Lux, or Grand Lux. Rates for Economy service will be based on the time of the ride at $.75 per minute, with no minimum ride time required. Lux service shall carry a rate of $2.50 per minute, with a minimum ride time of ten

(10) minutes. Grand Lux rides are calculated at a rate of $4.00 per minute, with a minimum ride time of thirty (30 minutes). Users shall be provided with a quote of the cost of each ride prior to requesting a ride with a White Glove’s Driver and this quote is subject to User confirming their ride with White Glove’s Drivers. Furthermore, any quote provided by White Glove is subject to change.

21. OTHER USER CHARGES. Other charges that Users may incur include the following: 1) service Fee to be charged at the time of the ride; 2) cancellation fee in the event Users confirms a ride with White Gloves and subsequently cancels; 3) charges for tolls that may be incurred during Users

rides with White Glove; 4) fees incurred for damages to Drivers boat, chartered yacht, motor vehicle or bicycle that may be incurred due to Users conduct; 5) other applicable fees such as airport fees, event fees, or state and local fees. Furthermore, during hours that White Glove deems High Demand hours such as during special events and other events that cause a substantial amount of traffic and all charges and rates for rides with White Glove shall be subject to an additional “High Demand” rate. Users may elect to add an additional tip to Drivers. This tip shall be paid entirely to the Driver and shall be considered separate from the User charges.

22. DRIVER FARES. Drivers fares for completed rides consists of a base fare, if applicable, and incremental amounts based on the actual time of the ride, as measured by White Glove. Driver’s fares may vary depending upon the market the Driver is located or the area in which a User is picked up, the date Driver applied with White Glove, the type of vehicle being used by Driver whether that vehicle is a car, boat, bicycle or chartered yacht and the type of services Driver is providing. We will use reasonable efforts to ensure that your fare and any other payments to you will be paid to you on at least a weekly basis. Additionally, you acknowledge and agree that all payments owed to you shall not include any interest and will be net of any applicable tax or other amounts that we are required to withhold by law.

23. FARE SPLIT. Driver will be entitled to retain eighty percent (80%) of the fare for all completed rides performed by the Driver. Twenty percent (20%) of the fare will be deducted and retained by White Glove. This rate is subject to change and Drivers will be notified should a change in the fare split between Driver and White Glove be modified.

24. ADDITIONAL DRIVER PAYMENTS. If applicable, Drivers will receive the following additional payments: (1) any tips provided by a User to the Driver, (2) reimbursement for any tolls or surcharges, and (3) any damage charges we collect on behalf of the Drivers.

25. ADJUSTMENT OF DRIVER PAYMENTS. As the Driver’s limited agent in respect to payments, White Glove will collect all payments owed to the Drivers from Users and other third parties. Drivers agree that the receipt of such payments by White Glove satisfies the payor’s obligation to the Driver. White Glove reserves the right to adjust or withhold all or a portion of a fare or other payment owed to the Driver (except tips) if: (1) we believe that the Driver has attempted to defraud or abuse Users, White Glove, or White Glove’s payment systems, or (2) in order to resolve a User complaint regarding the Driver’s service.

26. USER CHARGES. White Glove will charge the User an amount calculated or determined by White Glove for services the User requests of White Gloves. User charges may be determined after the ride is completed based on the time and distance of the ride, or based on the type of vehicle or service requested. Alternatively, User charges, when applicable, may be quoted in advance and fixed at the time of the ride request. Charges that are quoted in advance may differ from what the charges based on time, distance, and service would have been for the same ride. User charges will include the Driver’s fare, applicable tolls, fees retained by us (including any applicable service fee and platform fee), and any Third-Party fees.

27. REPAIR, CLEANING, OR LOST AND FOUND COSTS. Users shall be responsible for the cost of repair for damage to, or necessary cleaning of, Driver’s vehicle, property or other mediums of transportation resulting from Users conduct while utilizing White Glove’s services if those damages are in excess of normal “wear and tear” damage and necessary cleaning. White Glove

expressly reserves the right to enable payment for the reasonable cost of any such repair or cleaning using Users payment method designated in Users account with White Glove. Such costs, including those pertaining to any lost & found fees will be transferred to a Third-Party Provider or cleaning or repair services, if applicable, and are non-refundable.

28. CONFIDENTIAL INFORMATION. Confidential information means any information disclosed to Drivers by White Glove, either directly or indirectly in writing, orally or by inspection of tangible objects, including without limitation documents, prototypes, samples, know how, or any such other information supplied by White Glove to Drivers regarding White Glove’s internal business operations. In addition, Confidential Information shall include any technical and business information relating to proprietary ideas, patentable ideas and/or trade secrets, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “confidential information” at the time of its disclosure by White Glove to Drivers. Confidential Information may also include information disclosed to Drivers by third parties. Drivers shall use the Confidential Information only for the purpose of performing services as described herein on behalf of White Glove and Drivers shall limit disclosure of Confidential Information and shall not disclose Confidential Information to any third party (whether an individual, corporation, or other entity) without White Glove’s prior written consent. Drivers shall satisfy their obligations under this paragraph if it takes affirmative measures to ensure compliance with these confidentiality obligations.

29. MAINTENANCE OF CONFIDENTIAL INFORMATION. Drivers hereby expressly acknowledge and agree they shall not discuss, divulge, or disclose, disseminate, distribute any and all Confidential Information disclosed to Driver by White Glove relating to the services described herein. Drivers agrees that it shall take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of White Glove’s Confidential Information. Without limiting the foregoing, Drivers shall take at least those measures that Drivers takes to protect their own most highly Confidential Information. Drivers shall not make any copies of Confidential Information unless necessary to perform the services described herein. Driver shall immediately notify White Glove in the event of any unauthorized use or disclosure of the Confidential Information.

30. INTELLECTUAL PROPERTY. White Gloves hereby explicitly acknowledge and agree that Users and Drivers shall not have any ownership rights or interest, except for the license granted in Section eight (8) of these Terms and Conditions, in White Glove’s tradenames, trademarks, copyrights, patents, trade secrets, know-how, proprietary data, design rights, utility models, inventions, service marks, logos, business names, trademarks (whether registered or unregistered), internet domain names, rights in databases, data, source codes, reports, drawings, specifications, confidential information, software designs and/or other materials, topography rights, rights in the nature of unfair competition and the right to sue for passing off and any other equivalent rights whether or not registered or capable of registration and whether subsisting in the United States or any other part of the world together with all or any related goodwill, or other intellectual property. Furthermore, Users and Drivers acknowledge and agree they shall have not right to 1) remove or use any of White Glove’s trademarks, tradenames, copyrights or any of the above for any reason whatsoever unless authorized by White Glove, 2) distribute, reproduce, modify, transfer, lease, resell, transmit, stream or broadcast White Glove’s trademarks, tradenames, services, copyrights, or any other of the above mentioned intellectual property of White Glove.

31. DISCLAIMER. ALL SERVICES PROVIDED BY WHITE GLOVES PURSUANT TO THESE TERMS AND CONDITIONS SHALL BE ON A STRICTLY “AS IS” BASIS AND WHITE GLOVES EXPRESSLY AND UNEQUIVOCALLY DISCLAIMS ALL WARRANTIES THAT ARE NOT EXPLICITLY SET FORTH HEREIN, WHETHER THOSE WARRANTIES ARE EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. FURTHERMORE, WHITE GLOVES MAKES ABSOLUTELY NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES AS FULLY SET FORTH HEREIN OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE WHITE GLOVES’ WEBSITE OR MOBILE PHONE APPLICATION. WHITE GLOVES MAKES NO WARRANTIES OR GUARANTEES THAT THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS WILL BE UNINTERRUPTED OR ERROR-FREE. WHITE GLOVES DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS TO THIS AGREEMENT. USERS AND DRIVERS AGREE THAT THE ENTIRE RISK ARISING OUT OF USERS AND DRIVERS UTILIZATION OF WHITE GLOVES’ SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH USERS AND DRIVERS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND WHITE GLOVES SHALL NOT BE LIABLE FOR ANY DAMAGES THAT ARE NOT EXPRESSLY PROTECTED BY THE LIMITED WARRANTIES, IF ANY, SET FORTH IN THIS AGREEMENT. WHITE GLOVES MAKES NO WARRANTIES THAT THEIR SERVICES WILL BE ERROR FREE, ACCURATE, RELIABLE, CURRENT OR SECURE AND THAT THE WHITE GLOVES PLATFORM IS FREE FROM POTENTIAL VIRUSES OR OTHER HARMFUL COMPONENTS. WHITE GLOVES CANNOT GUARANTEE THAT EACH USER IS WHO THEY SAY THEY ARE AND DRIVERS SHALL ENSURE THAT EACH USER IS THE INDIVIDUAL REQUESTING EACH RIDE.

32. LIMITATION OF LIABILITY. WHITE GLOVE SHALL NOT, IN ANY EVENT, NOR SHALL ANY OF WHITE GLOVES’ SUCCESSORS, ASSIGNS, SUBSIDIARIES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS OR OFFICERS, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, CORRUPTION, FAILURE TO STORE INFORMATION, PERSONAL INJURY WHETHER ARISING THROUGH NEGLIGENCE OR INTENTIONAL ACTS, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF WHITE GLOVE, EVEN IF WHITE GLOVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHITE GLOVES 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 WHITE GLOVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHITE GLOVES SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND WHITE GLOVES’ REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH

SOME REQUEST PRODUCTS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT WHITE GLOVES HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WHITE GLOVE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON WHITE GLOVES’ CHOICE OF LAW PROVISION SET FORTH BELOW.

33. INDEMNIFICATION. As a material part of this Agreement, Users and Drivers agree to indemnify and hold harmless White Glove, its shareholders, officers, directors, agents employees, and attorneys (hereinafter the “Indemnified Parties”) from and against any and all liability, claims, demands, proceedings, obligations, assessments, loss, cost, damage, and expense, of any nature whatsoever, contingent or otherwise (including without limitation, any and all judgments, decrees, equitable relief, extraordinary relief, settlements, awards, attorney’s fees, court costs, punitive damages, and arbitration costs including arbitrator’s fees ) (collectively and severally, “indemnified loss”) which are incurred, sustained, suffered, or assessed against the Indemnified Parties, or all of any combination thereof, because of, arising out of, or as a result of Users or Drivers negligence, misconduct, unlawful behavior, violation of this Agreement, or any local, state, or federal law/regulation.

34. CHOICE OF LAW. These terms, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to the Services of White Glove or the negotiation, execution or performance of any Services (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of Florida, U.S.A., including its statutes of limitations. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section forty-one (41) or to any arbitrable disputes as defined therein. Instead, as described in Section forty-one (41), the Commercial Arbitration Rules of the American Arbitration Association shall apply to any such disputes.

35. SEVERABILITY. If any term or provision is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision or invalidate or render unenforceable such term or provision in any other jurisdiction.

36. NON-DISPARAGEMENT. Drivers shall not now nor at any point in time, including after this parties no longer have a continuing business relationship, disparage or denigrate White Glove or any of the White Glove’s employees, owners, agents, successors, managers, or assignees.

37. FORCE MAJEURE. White Glove shall not be held liable or responsible to Users or Drivers, nor be deemed to have defaulted or breached these Terms and Conditions for services rendered or to be rendered, for any failure or delay in fulfilling or performing services when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of White Glove including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials. This provision shall apply to all regions in which White Glove operates or conducts business.

38. NOTICE. White Glove may give notice to Users and Drivers via electronic mail to Users and Drivers e-mail address, which is set forth in their Accounts with White Glove, or via telephone or text message to any phone number provided by Users and Drivers at the time their Account is created with White Glove, or by written communication sent by first class mail or pre-paid post to any address connected with your User Account. Users and Drivers may give notice to White Glove, with such notice deemed given when received by White Glove, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o WHITE GLOVES LUX SERVICES, LLC.

39. AMENDMENTS. These Terms and Conditions may be amended by White Glove at their own discretion, at any time, with or without notice to Users and Drivers.

40. WAIVER. No waiver by any Party of any of the provisions of this Agreement shall be effective unless expressly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

41. ARBITRATION AND CLASS ACTION WAIVER. Any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, or any dispute relating to services rendered by White Glove shall be determined in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any award or decision resulting from any such arbitration proceeding will be final and binding on the parties and judgment on such award or decision may be entered in any court having jurisdiction thereof. These Terms and Conditions shall be governed and construed in accordance with the laws of the United States of America and the State of Florida, excluding any laws regarding the conflict or choice of laws. Venue for any action or arbitration arising out of or relating to these Terms and Conditions, or the breach thereof, or any disputes relating to any services rendered by White Glove shall be in Miami-Dade County, Florida, U.S.A., and the parties hereby consent to personal jurisdiction in said county and all claims brought by Users or Drivers against White Glove shall be on an individual basis and not through a class or class action lawsuit and Users and Drivers expressly waive any right or claim to bring legal action against White Glove as a class or through a class action legal proceeding.