Uber Lawsuit Blind Passengers

Case3:14-cv-04086-NC Document9 Filed10/22/14 Page1 of 28
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JOHN C. FISH, Jr., Bar No. 160620

jfish@littler.com
ANDREW M. SPURCHISE, Bar No. 245998
aspurchise@littler.com
EMILY E. OCONNOR, Bar No. 279400
eoconnor@littler.com
LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, California 94108.2693
Telephone:
415.433.1940
Facsimile:
415.399.8490
Attorneys for Defendant
UBER TECHNOLOGIES, INC.
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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NATIONAL FEDERATION OF THE

BLIND OF CALIFORNIA and MICHAEL
HINGSON,
Plaintiffs,
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v.
UBER TECHNOLOGIES, INC.,
Defendant.
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Case No. 3:14-cv-04086-NC

DEFENDANT UBER TECHNOLOGIES,
INC.S NOTICE OF MOTION AND
MOTION TO DISMISS; MEMORANDUM
OF POINTS AND AUTHORITIES IN
SUPPORT THEREOF
[F.R.C.P. 12(b)(1) and 12(b)(6)]
Date:
Time:
Location:
December 3, 2014
1:00 p.m.
Courtroom A, 15th Floor
San Francisco Federal Courthouse
Trial Date: None set.

Complaint Filed: September 9, 2014
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415.433.1940
DEFENDANTS NOTICE OF MOTION AND

MOTION TO DISMISS
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
PLEASE TAKE NOTICE that on December 3, 2014, in Courtroom A, 15th Floor of the U.S.
District Court, Northern District of California, 450 Golden Gate Avenue, San Francisco, California,
at 1:00 p.m., or as soon thereafter as counsel may be heard, Defendant UBER TECHNOLOGIES,
INC. will move the Court to dismiss this action, pursuant to Federal Rule of Civil Procedure Rules
12(b)(1) and (b)(6).
1.
Plaintiffs Michael Hingsons (Hingson) and National Federation of the Blind of
Californias (NFB) First Cause of Action for disability discrimination in violation of Title III of
the Americans with Disabilities Act, 42 U.S.C. 12101, et seq. (ADA) is subject to dismissal
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pursuant to Federal Rule of Civil Procedure 12(b)(1) because Plaintiffs lack standing to sue. Neither
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Plaintiff Hingson nor Plaintiff NFB meets the threshold Constitutional standing requirement
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necessary to seek the injunctive relief sought under the ADA.
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2.
Plaintiffs Second Cause of Action for disability discrimination under the California
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Unruh Civil Rights Act, California Civil Code 51 and 52 (Unruh) is subject to dismissal
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pursuant to Federal Rule of Civil Procedure 12(b)(1) because Plaintiffs lack standing to sue. Neither
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Hingson nor NFB personally experienced discriminatory treatment and accordingly, they are not
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persons aggrieved with standing to sue under Unruh.
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3.
Plaintiff Hingsons Third Cause of Action for disability discrimination under the
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California Disabled Persons Act, California Civil Code 54-54.3 (DPA) is subject to dismissal
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pursuant to Federal Rule of Civil Procedure 12(b)(1) because Plaintiff Hingson lacks standing under
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the heightened pleading standard for a damages claim under the DPA.
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4.
Plaintiffs Fourth Cause of Action for declaratory relief based on the violations
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asserted in Plaintiffs First, Second and Third Causes of Action is subject to dismissal pursuant to
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Federal Rule of Civil Procedure 12(b)(1) because Plaintiffs lack standing to pursue those underlying
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Causes of Action.
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5.
Even if Plaintiffs could demonstrate the requisite standing to sue, their First Cause of
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Action under the ADA is subject to dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6)
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because it does not constitute a proper cause of action to the extent it is based on the allegation that

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415.433.1940
DEFENDANTS NOTICE OF MOTION TO

DISMISS
Uber is a public accommodation or that Uber owns, leases or operates a place of public
accommodation.
6.
Even if Plaintiffs could demonstrate the requisite standing to sue, their Second Cause
of Action under Unruh is subject to dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6)
because it does not constitute a proper cause of action to the extent it is based on the allegation that
Uber is a public accommodation or that Uber owns, leases or operates a place of public
accommodation as defined by the ADA.
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Even if Plaintiff Hingson could demonstrate the requisite standing to sue, his Third
Cause of Action for damages under the DPA is subject to dismissal pursuant to Federal Rule of Civil
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Procedure 12(b)(6) because it does not constitute a proper cause of action to the extent it is based on
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the allegation that Uber is a public accommodation or that Uber owns, leases or operates a place of
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public accommodation as defined by the ADA.
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The motion will be based upon this notice of motion and motion and upon Defendants
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memorandum of points and authorities, Defendants request for judicial notice, the declaration of
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Michael Colman, the pleadings and papers filed herein, and any other matters considered by the
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Court.
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Dated: October 22, 2014
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/s/Andrew M. Spurchise
ANDREW M. SPURCHISE
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DEFENDANTS NOTICE OF MOTION TO

DISMISS
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TABLE OF CONTENTS
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PAGE
MEMORANDUM OF POINTS AND AUTHORITIES ..................................................................... 1
I.
INTRODUCTION ................................................................................................................... 1
II.
FACTUAL SUMMARY ......................................................................................................... 2
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A.
Defendant Uber Technologies, Inc .............................................................................. 2
B.
The UberX Platform .................................................................................................... 2
C.
UberX, As A TNC, Complies With Requirements Imposed By The

California Public Utilities Commission ....................................................................... 4
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III.
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UBERS MOTION TO DISMISS SHOULD BE GRANTED ................................................ 5

A.
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Plaintiffs Complaint Should Be Dismissed Pursuant To FRCP 12(b)(1)

Because Plaintiffs Lack Standing ................................................................................ 5
1.
Dismissal Of The First Cause Of Action Is Warranted Because

Plaintiffs Cannot Meet The Threshold Standing Requirements ...................... 5
2.
The Second Cause Of Action Must Be Dismissed Because Plaintiffs

Lack Standing To Sue Under The Unruh Civil Rights Act ........................... 12
3.
Plaintiff Hingson Cannot Meet The Heightened Standing Requirement

To Establish An Entitlement To Damages Under The Disabled Persons
Act .................................................................................................................. 14
4.
The Fourth Cause Of Action For Declaratory Relief Necessarily Fails

Because Plaintiffs Lack Standing .................................................................. 15
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B.
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Even If Plaintiffs Have Standing, And They Do Not, Plaintiffs First, Second
And Third Causes Of Action Should Be Dismissed .................................................. 16
1.
The First Cause Of Action For Violation Of The ADA Should Be

Dismissed To The Extent It Alleges Uber Is A Public Accommodation
Or Owns, Leases, Or Operates A Place Of Public Accommodation ............. 16
2.
The Second And Third Causes Of Action Should Be Dismissed To

The Extent Based On The Allegation That Uber, As A Public
Accommodation, Violated The ADA ............................................................ 19
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IV.
CONCLUSION ...................................................................................................................... 20
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TABLE OF CONTENTS
i.
TABLE OF AUTHORITIES
PAGE
FEDERAL CASES
Adiutori v. Sky Harbor International Airport

880 F. Supp. 696 (D. Ariz. 1995), aff'd ...................................................................................19
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Alexander v. Circus Circus Enters., Inc.

972 F.2d 261 (9th Cir. 1992) .....................................................................................................5
Balistreri v. Pacifica Police Dept
901 F. 2d 696 (9th Cir. 1988) ..................................................................................................16
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (2007) .............................................................................................................5, 16
Bowden v. Redwood Institute for Designed Educ., Inc.
1999 U.S. Dist. LEXIS 2881 (N.D. Cal. 1999) .......................................................................14
Chapman v. Pier I Imps. (U.S.), Inc.
631 F.3d 939 (9th Cir. 2011) .................................................................................................5, 6
Clark v. Burger King Corp.
255 F. Supp. 2d 334 (D.N.J. 2003) ..........................................................................................12
Clark v. McDonalds
213 F.R.D. 198 (D. N.J. 2003) .........................................................................................8, 9, 11
Cullen v. Netflix, Inc.
880 F. Supp. 2d 1017 (N.D. Cal 2012) ....................................................................................17
DeLil v. El Torito Restaurants
1997 U.S. Dist. LEXIS 22788 (N.D. Cal. 1997) .......................................................................7
Doran v. 7-Eleven, Inc.
524 F.3d 1034 (9th Cir. 2008) ...................................................................................................6
Ernst & Young v. Depositors Economic Protection Corp.
45 F. 3d 530 (1st Cir. 1995) .....................................................................................................15
Fortyune v. Am. Multi-Cinema, Inc.
364 F.3d 1075 (9th Cir. 2004) ...................................................................................................8
Havens Realty Corp. v. Coleman
455 U.S. 363 (1982) .................................................................................................................11
Hous. Rights Ctr., Inc. v. Moskowitz
2004 U.S. Dist. LEXIS 28885 (C.D. Cal 2004) .......................................................................14
ii.
(CONTINUED)
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PAGE
Hunt v. Wash. State Apple Adver. Comm'n
432 U.S. 333 (1977) ...................................................................................................................9
Los Angeles v. Lyons
461 U.S. 95 (1983) .....................................................................................................................6
Martin v. International Olympic Committee
740 F. 2d 670 (9th Cir. 1984) ..................................................................................................13
Molski v. Arby's Huntington Beach
359 F. Supp. 2d 938 (C.D. Cal. 2005) .......................................................................................8
Moreno v. G&M Oil Co.
88 F. Supp. 2d 1116 (C.D. Cal 2000) ........................................................................................9
Moyer v. Walt Disney World Co.
146 F. Supp. 2d 1249 (M.D. Fla. 2000) .....................................................................................7
Neitzke v. Williams
490 U.S. 319 (1989) .................................................................................................................16
OBryan v. Holy See
556 F.3d 361, 376 (6th Cir. 2009) .............................................................................................5
Pickern v. Holiday Quality Foods, Inc.
293 F.3d 1133 (9th Cir. 2002) ...................................................................................................6
Prasco, LLC v. Medicis Pharmaceutical Corp.
537 F. 3d 1329 (Fed. Cir. 2008)...............................................................................................15
Resnick v. Magical Cruise Co.
148 F. Supp. 2d 1298 (M.D. Fla. 2001) .....................................................................................7
Reyes v. Atlantic Richfield
12 F.3d 1464 (9th Cir. 1993) ...................................................................................................14
Robertson v. Dean Witter Reynolds, Inc.
749 F. 2d 530 (9th Cir. 1984) ..................................................................................................16
Savage v. Glendale Union High School
343 F.3d 1036 (9th Cir. 2003) ...................................................................................................5
SIDA of Hawaii, Inc. v. NLRB
512 F. 3d 853 (9th Cir. 1975) ....................................................................................................5
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iii.
(CONTINUED)
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PAGE
Silvas v. E*Trade Mortg. Corp.
421 F. Supp. 2d 1315 (S.D. Cal. 2006) ....................................................................................16
Small v. General Nutrition Cos.
388 F. Supp. 2d 83 (E.D.N.Y. 2005) .................................................................................10, 12
Spann v. Colonial Village, Inc.
899 F. 2d 24 (D.C. Cir. 1990) ..................................................................................................11
Sprewell v. Golden State Warriors
266 F. 3d 979 (9th Cir. 2001) ..................................................................................................16
Warth v. Seldin
422 U.S. 490 (1975) ...........................................................................................................10, 11
Weyer v. Twentieth Century Fox Film Corp.
198 F.3d 1104 (9th Cir. 2000) .................................................................................................17
Young v. Facebook Inc.
790 F. Supp. 2d 1110 (N.D. Cal. 2011) ...................................................................................17
CALIFORNIA CASES
Angelucci v. Century Supper Club
41 Cal. 4th 160 (2007) .............................................................................................................13
Arnold v. Mut. Of Omaha Ins. Co.
202 Cal. App. 4th 580 (2011) ....................................................................................................5
Donald v. Cafe Royale, Inc.
218 Cal. App. 3d 168 (1990) ...................................................................................................15
Koire v. Metro Car Wash
40 Cal. 3d 24 (1985) ................................................................................................................13
Midpeninsula Citizens for Fair Housing v. Westwood Investors
221 Cal. App. 3d 1377 (1990) ...........................................................................................13, 14
Southwest Research Institute v. UIAB
81 Cal. App. 4th 705 (2000) ......................................................................................................5
Surrey v. TrueBeginnings, LLC
168 Cal. App. 4th 414 (2008) ..................................................................................................13
Urhausen v. Longs Drug Stores California, Inc.
155 Cal. App. 4th 254 (2007) ..................................................................................................15
iv.
(CONTINUED)
PAGE
FEDERAL STATUTES
Americans with Disabilities Act ............................................................................................ passim
Declaratory Judgment Act, 28 U.S.C.A. 2201 et seq. ................................................................15
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CALIFORNIA STATUTES
Cal. Civ. Code 51, et seq.............................................................................................................12
Cal. Civ. Code 51(f) ....................................................................................................................19
Cal. Civ. Code 54.1(d) ................................................................................................................19
Cal. Civ. Code 54-54.3 .............................................................................................................14
Cal. Civ. Code sec. 55 ....................................................................................................................15
Cal. Civil Code 54.3..............................................................................................................14, 15
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Cal. Pub. Util. Code 5360.5 ........................................................................................................18
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OTHER AUTHORITIES
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California Public Utilities Commissions Decision Adopting Rules and Regulations to

Protect Public Safety While Allowing New Entrants to the Transportation Industry. ............2
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Federal Rule of Civil Procedure 12(b)(6) ..................................................................................1, 16

Federal Rule of Civil Procedure 57 ...............................................................................................15
Federal Rule of Civil Procedure 12(b)(1) ....................................................................................1, 5
Article III of the U.S. Constitution ..........................................................................................12, 16
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v.
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MEMORANDUM OF POINTS AND AUTHORITIES

I.
INTRODUCTION
Defendant Uber Technologies, Inc. (Uber) is a technology company that acts as a conduit
between passengers looking for transportation and transportation providers looking for passengers.
Specifically, Uber provides the technology, through its smartphone application (the app), that
allows passengers and transportation providers to make a match based on their location.
Ubers mission is to connect its users to safe, reliable rides as efficiently as possible. Uber
values all of its users, but is on the cutting edge of connecting individuals with disabilities to reliable
transportation options. Among other things, this includes, in some cities, exploring partnerships
with taxi and limousine companies that offer wheelchair accessible vehicles as a means of increasing
the availability of these vehicles to Ubers disabled users. Moreover, as admitted in the Complaint,
Ubers technology has greatly increased the mobility and freedom of Uber users with disabilities,
particularly the blind.
Nevertheless, Plaintiffs National Federation of the Blind of California (NFB) and Michael
Hingson (Hingson), despite implicitly acknowledging that blind individuals use the app to book
transportation on a regular basis without incident, accuse Uber of failing to do enough to
accommodate blind individuals with service animals. However, Plaintiffs Complaint is fatally
flawed and should be dismissed pursuant to Federal Rules of Civil Procedure 12(b)(1) or, in the
alternative, 12(b)(6). Most critically, Plaintiffs both lack standing to pursue these claims: Hingson
because he has not suffered cognizable legal injury under the ADA, Unruh or the DPA; NFB
because it has no legal right to pursue the sweeping relief it asks the Court to impose upon Uber,
including by regulating the conduct of thousands of transportation providers using its platform
across the country.
Even if the Court determines one or both Plaintiffs have standing (and they do not),
Plaintiffs ADA and derivative state law claims should be dismissed pursuant to Federal Rule of
Civil Procedure 12(b)(6) to the extent Plaintiffs allege Uber is a place of public accommodation or
owns, leases or operates a place of public accommodation.
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DEFENDANTS MPA ISO MOTION TO

DISMISS
II.
FACTUAL SUMMARY
A.
As stated in the Complaint, Uber has developed a smartphone application (app) that
enables its customers to use their smartphones to request pre-arranged transportation services.
(Complaint, 22.) Uber offers the app as a tool to facilitate pre-arranged transportation services.
Uber licenses the use of the Uber app to transportation providers. (Declaration of Michael Colman,
[Colman Decl.], 3-5, Exh. A.) 1 Uber does not own, lease or operate any vehicles for
transporting users, and does not employ people to operate vehicles. (Colman Decl., Exh. A; Ubers
Request for Judicial Notice [RJN], Exh. A at 24.)2
Defendant Uber Technologies, Inc.
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B.
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Through the app, Uber users can connect with available drivers offering a variety of
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transportation options. Among these options, the uberX platform connects users to independent
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transportation providers operating cost-efficient, everyday vehicles.3 (Colman Decl., 5.)
The UberX Platform.
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Individuals seeking to use the Uber app to request a ride must first accept Ubers User Terms
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and Conditions. (Colman Decl., 8, Exh. B.) Once a user accepts the User Terms and Conditions,
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he or she can log on to the app and select the type of service (e.g., uberX) he or she desires. After
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the service is selected, the user can request a ride through whichever platform they prefer. (Id.)
Plaintiff Michael Hingson has not created a Uber user account, accepted the User Terms and
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Conditions, or taken a ride booked through the uberX platform. (Complaint, 48.)
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Similar to the users, any independent transportation provider who wishes to access Ubers
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uberX software platform to book passengers must enter into a Software Sublicense & Online
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Services Agreement (Sublicense Agreement) with Uber Technologies, Inc.s wholly-owned
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subsidiary, Rasier, LLC. (Colman Decl., 6, Exh. A.) There are several thousand transportation
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Exhibit A to the Declaration of Michael Colman is the Rasier Software Sublicense & Online Services Agreement.
Rasier (in California, Rasier-CA LLC) is a wholly-owned subsidiary of Uber Technologies, Inc. For purposes of this
motion, Uber and Rasier are collectively referred to as Uber.
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Exhibit A to Ubers RJN is the California Public Utilities Commissions Decision Adopting Rules and Regulations to
Protect Public Safety While Allowing New Entrants to the Transportation Industry.
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Only transportation arranged through the uberX platform is at issue in this case.
DISMISS
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providers authorized to use the uberX platform to book passengers who are currently operating in
California. (Colman Decl., 7.)
The very outset of the Sublicense Agreement states that transportation providers
independently operate their own transportation businesses. The Sublicense Agreement is explicit
that any relationship between Uber and third party transportation providers is solely in the nature of a
contractual relationship between separate business ventures:
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You represent that you are an independent contractor engaged in the

independent business of providing the transportation services
described in this Agreement and further represent that, as of the date of
execution of this Agreement, you currently possess a valid drivers
license and all licenses, permits and other legal prerequisites necessary
to perform rideshare or P2P transportation services, as required by the
states and/or localities in which you operate.
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Relationship of Parties
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This Agreement is between two co-equal, independent business

enterprises that are separately owned and operated. The Parties intend
this Agreement to create the relationship of principal and independent
contractor and not that of employer and employee. The Parties are not
employees, agents, joint venturers or partners of each other for any
purpose.
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(Id. at 3, 9.) The Sublicense Agreement also expressly provides that Uber may not direct and control
the work of transportation providers or their drivers:
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(Id. at 3.)
The Company shall have no right to, and shall not, control the manner
or prescribe the method you use to perform accepted Requests, subject
to the terms of this Agreement. You shall be solely responsible for
determining the most effective, efficient and safe manner to perform
the services relating to each Request, subject to the terms of this
Agreement and the applicable User specifications. The Parties
acknowledge that any provisions of this Agreement reserving certain
authority in the Company have been inserted solely to achieve
compliance with federal, state, or local laws, rules, and interpretations
thereof.
The Sublicense Agreement continues:

Subject only to requirements imposed by law, Request parameters,
User specifications, and/or as otherwise set forth in this Agreement,
you shall direct in all aspects the operation of the equipment used in
the performance of this Agreement and shall exercise full discretion
DISMISS
3.
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and judgment as an independent business in determining the means

and methods of performance under this Agreement.
(Id. at 4.)
C.
UberX, As A TNC, Complies With Requirements Imposed By The California

Public Utilities Commission.
In September 2013, the California Public Utilities Commission (CPUC) promulgated new
rules applicable to transportation network companies (TNCs). (Ubers RJN, Exh. A.) The CPUC
defines TNC as follows: an organizationoperating in California that provides prearranged
transportation services for compensation using an online-enabled application (app) or platform to
connect passengers with drivers using their personal vehicles. (Id. at 65.) In promulgating these
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rules, the CPUC expressly distinguished taxi services from the transportation that can be arranged
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through the uberX platform:
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1) before a passenger can request a ride, the passenger must

download the software application, provide identification information
and agree to the TNC service agreement, and 2) for a particular trip,
the passenger must input information regarding current location, and
finally, 3) a TNC driver cannot be hailed on the street similar to a
taxicab where no information is shared until the passenger enters the
vehicle.
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(Id. at p. 66.)
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The CPUC explained that it recognizes and regulates three modes of passenger transportation
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for compensation: (1) taxi services (regulated by cities and/or counties), (2) charter-party carrier
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services and (3) passenger-stage companies (regulated by the CPUC). (Id. at 65.) It found that
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Uber, with respect to the uberX platform only, is a TNC, and required to obtain a Class P charter-
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party carrier permit. (Id. at 72.) As stated by the CPUC, unlike other charter-party carriers, Uber is
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not permitted to itself own vehicles used in its operation or own fleets of vehicles. (Id. at 24.)
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As a TNC, Uber is obligated to comply with certain safety requirements as it relates to the
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transportation providers who offer transportation services through the uberX platform. (Id. at 26-
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29.) However, as a matter of law, these controls do not alter the independent business relationship
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between Uber and the third party transportation providers who offer transportation using the uberX
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DISMISS
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platform.4 Beyond these requirements, and subject to the terms of the Sublicense Agreement, Uber
is contractually prohibited from exercising control over the transportation service provided.
III.
A.
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Savage v. Glendale Union High School, 343 F.3d 1036, 1039 n. 2 (9th Cir. 2003). In deciding the
motion, the Court accepts as true any uncontroverted allegations in the complaint and resolves any
conflicts between the facts contained in the parties evidence in the Plaintiffs favor. Id. However,
for jurisdictional purposes, a court may not assume the truth of the allegations in a pleading which
are contradicted by other record evidence. Alexander v. Circus Circus Enters., Inc., 972 F.2d 261,
262 (9th Cir. 1992). Moreover, as to the uncontroverted allegations in the Complaint, the Court need
not accept as true legal conclusions or inferences that are unsupported by the facts set out in the
Complaint. OBryan v. Holy See, 556 F.3d 361, 376 (6th Cir. 2009). The complaint must contain
sufficient jurisdictional facts to state a claim which is plausible on its face. Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 570, (2007).
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Dismissal Of The First Cause Of Action Is Warranted Because Plaintiffs

Cannot Meet The Threshold Standing Requirements.
a.
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Plaintiffs Complaint Should Be Dismissed Pursuant To FRCP 12(b)(1) Because

Plaintiffs Lack Standing.
Plaintiffs have the burden of establishing standing sufficient to defeat this motion to dismiss.
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UBERS MOTION TO DISMISS SHOULD BE GRANTED
Plaintiff Hingson has not suffered an injury-in-fact and does not

face an immediate threat of repeated injury.
To establish standing to bring this Complaint, Hingson must demonstrate (1) that he has
suffered an injury-in-fact; (2) that the injury is traceable to Ubers actions; and (3) that the injury can
be redressed by a favorable decision. Chapman v. Pier I Imps. (U.S.), Inc., 631 F.3d 939, 946 (9th
Cir. 2011). In addition, to establish standing to pursue injunctive relief, which is the only relief
available to private plaintiffs under the ADA, [plaintiff] must demonstrate a real and immediate
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SIDA of Hawaii, Inc. v. NLRB, 512 F. 3d 853, 862-863 (9th Cir. 1975) (the fact that a putative employer incorporates
into its regulations controls required by a government agency does not establish an employer-employee relationship);
see also, Southwest Research Institute v. UIAB, 81 Cal. App. 4th 705, 709 (2000) (compliance with FAA and EPA
training requirements not evidence of control); Arnold v. Mut. Of Omaha Ins. Co., 202 Cal. App. 4th 580, 588-589
(2011) (training required only with respect to compliance with state law directives regarding insurance sales did not
constitute evidence of control).

DISMISS
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threat of repeated injury in the future. Id. Similarly, as the Supreme Court held in Los Angeles v.
Lyons, 461 U.S. 95, 108-109 (1983), a plaintiff cannot establish standing to sue for injunctive relief
merely by alleging that there is a policy and practice of discriminating generally. Instead, a plaintiff
must show he is likely to suffer injury in the future related to his disability. Hingson does not and
cannot meet this standard.
Hingson admits that he has not created an Uber user account, which means that he has yet to
accept the User Term and Conditions, a condition precedent to even being authorized to request a
ride via the uberX platform.
Hingson has never himself been denied transportation services from a transportation provider
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booked using the Uber app, and he does not (and cannot) allege that the Uber app itself somehow
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presents a barrier. Furthermore, Hingson has not alleged that Uber maintains a blanket rule banning
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service animals nor has he (or NFB, for that matter) alleged that all drivers on the uberX platform
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refuse to transport or mishandle blind individuals with service animals. Hingson admittedly asserts
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standing based on the deterrent effect doctrine.
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Under the deterrent effect doctrine, a disabled individual suffers a cognizable injury if he is
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deterred from visiting a noncompliant public accommodation because he has encountered barriers
17
related to his disability there. Chapman, 631 F.3d at 949 (emphasis added); see, e.g., Pickern v.
18
Holiday Quality Foods, Inc., 293 F.3d 1133, 1138 (9th Cir. 2002) (applying deterrent effect doctrine
19
and finding plaintiff had suffered an actual injury for standing purposes where plaintiff had
20
encountered accessibility barriers on a past visit to a market which deterred him from returning to
21
the market even though he preferred to shop there); Doran v. 7-Eleven, Inc., 524 F.3d 1034, 1040
22
(9th Cir. 2008) (court found that plaintiff had standing where he had visited a 7-Eleven store on ten
23
to twenty prior occasions but was currently deterred from visiting the store because of the
24
accessibility barriers he had personally encountered in past visits).
25
Hingson claims he has been, and continues to be, deterred from creating an Uber user
26
account and requesting rides through the uberX platform based on the fact that he is aware of
27
various instances where uberX drivers refused to transport blind individuals with service animals.
28
(Complaint, 3, 6.) Hingson has not alleged a single encounter or first-hand knowledge of any

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DISMISS
6.
barrier to receiving transportation, along with his service animal, arranged through the Uber app.
alleges that this deterrence constitutes an injury sufficient to confer standing.
While a disabled person is not required to engage in a futile gesture if there is actual notice
that the defendant will discriminate, here Hingson has only alleged general, second-hand
knowledge of various instances where uberX drivers allegedly refused to transport blind individuals
with service animals.5 DeLil v. El Torito Restaurants, 1997 U.S. Dist. LEXIS 22788, *12-13 (N.D.
Cal. 1997) (while a plaintiff need not repeatedly suffer discrimination in order to assert her rights,
ADA plaintiffs who seek injunctive relief must still demonstrate that they themselves face a real
and immediate threat of future harm.); Resnick v. Magical Cruise Co., 148 F. Supp. 2d 1298, 1303
10
(M.D. Fla. 2001) (court found plaintiffs did not have standing because even if Plaintiffs had alleged
11
a concrete intention to cruise on one of [cruise lines] vessels, they would still lack the requisite
12
reasonable grounds for their alleged belief that they would suffer discrimination. In short, there is no
13
record evidence that Plaintiffs had knowledge at the inception of this suit of any alleged violations
14
from personal observation or expert findings.); Moyer v. Walt Disney World Co., 146 F. Supp. 2d
15
1249, 1254 (M.D. Fla. 2000) (court found that plaintiff lacked standing to assert ADA claims where
16
plaintiff did not visit the defendant amusement parks and provided no evidence save inadmissible
17
hearsay to show actual notice of the alleged ADA violations at [the amusement parks].). This is
18
insufficient as a matter of law to confer standing to bring these claims.
19
Even if second-hand knowledge was legally sufficient to cause deterrence, Hingson fails to
20
allege specific facts indicating how he became aware or from whom he learned of any alleged
21
incidents of discrimination. He fails to identify the individual drivers who allegedly refused rides to
22
blind individuals with service animals or mishandled service animals. His general awareness that
23
certain transportation providers on the uberX platform (though not all) allegedly discriminated
24
against blind individuals with service animals cannot constitute actual notice of discrimination on
25
the part of every transportation provider on the uberX platform.
26
27
28
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415.433.1940
For example, Paragraph 45 of the Complaint states Plaintiffs are aware of other blind persons throughout California
and the United States whom UberX drivers refused to transport because those individuals had service animals. See also
Complaint, 48.
DISMISS
7.
Hingsons alleged injury is the quintessential conjectural or hypothetical injury: if he set up
an Uber account, agreed to the User Terms and Conditions, and requested a ride on the uberX
platform, he might be denied access. This is insufficient to establish standing to pursue individual
claims under the ADA or his derivative claims under state law. Molski v. Arby's Huntington Beach,
359 F. Supp. 2d 938, 946 (C.D. Cal. 2005) (past exposure to illegal conduct does not in itself show
a present case or controversy regarding injunctive reliefif unaccompanied by any continuing,
present adverse effects) (emphasis added); cf. Fortyune v. Am. Multi-Cinema, Inc., 364 F.3d 1075,
1080-81 (9th Cir. 2004) (where wheelchair bound plaintiff attended up to four movies per week and
theaters discriminatory seating policy was ongoing, the court concluded plaintiff had established a
10
real and immediate threat that the injury would be repeated sufficient to permit him to pursue
11
injunctive relief).
12
Clark v. McDonalds, 213 F.R.D. 198 (D. N.J. 2003) is instructive here.
There, the
13
complaint, brought by advocacy organization Access Today and individual plaintiff Clark, alleged
14
that Clark had visited numerous McDonalds restaurants in New Jersey and encountered various
15
barriers. Id. at 203. The plaintiffs also alleged that other members of the advocacy organization
16
Access Today had visited McDonalds restaurants in New Jersey and Pennsylvania and encountered
17
various barriers. Id. Similar to the relief sought here, the plaintiffs sought injunctive relief against
18
all the McDonalds-brand restaurants throughout the United States. Id. Defendants moved to
19
dismiss the complaint primarily on the grounds that the plaintiffs lacked standing. Id. at 204.
20
Individual plaintiff Clark did not allege actual notice of any ADA violation at any of the
21
McDonalds restaurants he had not visited. Id. at 230 (emphasis added). Instead, like Hingson,
22
Clark alleged only that the discriminatory features of the restaurants were generally known. Id.
23
With respect to that allegation, the court stated it would be unreasonable for the Court to
24
infer actual notice of an ADA violation at a particular restaurant that Clark has not visited from
25
whatever general knowledge he may possess about discriminatory features said to be commonplace
26
at McDonald's restaurants. Id. Based on the lack of standing, the Court dismissed the claims
27
brought by plaintiff Clark as to any restaurant Clark had not visited. Id. at 234. Here, Hingson has
28
not attempted to ride in a single vehicle available on the uberX platform.

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DISMISS
8.
In Moreno v. G&M Oil Co., 88 F. Supp. 2d 1116 (C.D. Cal 2000), the court reached a similar
conclusion. There, a plaintiff who sued G&M Oil Co. for an ADA architectural barrier violation at
one gas station, moved to amend his complaint to add claims about similar barrier violations at 82
other gas stations owned by defendant. Id. at 1116. The court held as follows: there is no showing
this Plaintiff was subjected to or about to be subjected to discrimination at the 82 additional gas
stations. Id. at 1117. Accordingly, the Court denied the motion for leave to amend stating that the
plaintiff lacked standing to assert a claim based on a generalized grievance of architectural barriers
at gas stations owned by G&M Oil where plaintiff was not personally discriminated against. Id. at
1118.
10
McDonalds and Moreno mandate the same result here. Because Hingson failed to establish
11
both an injury-in-fact and an immediate threat of repeated injury, he lacks standing to bring any
12
claim for injunctive relief under the ADA. Therefore, his First Cause of Action should be dismissed.
13
b.
14
15
Plaintiff NFB lacks associational standing.
As with Hingson, Plaintiff NFB lacks standing to bring a claim for injunctive relief under the
ADA, either as an association or in its own right.
16
Even where an association lacks standing to sue in its own right because it has not itself
17
suffered an injury-in-fact, it will nevertheless have standing to bring suit on behalf of its members
18
when: (a) its members would otherwise have standing to sue in their own right; (b) the interests it
19
seeks to protect are germane to the organization's purpose; and (c) neither the claim asserted nor the
20
relief requested requires the participation of individual members in the lawsuit. Hunt v. Wash. State
21
Apple Adver. Comm'n, 432 U.S. 333, 343 (1977).
22
23
First, to the extent NFB bases its claim to standing on Hingsons alleged standing, that claim
fails for the same reasons Hingson himself lacks standing.
24
The allegations specific to other NFB members are also insufficient to confer the broad
25
associational standing sought by NFB. The Complaint sets forth a number of instances where
26
individual NFB members were allegedly refused service by transportation providers who were
27
booked using uberX in various cities in California, Texas and Massachusetts. (Complaint, 39-
28
46.)

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DISMISS
9.
Even assuming the individual NFB members satisfy the standing requirements on behalf of
specific members as to specific transportation providers by asserting actual notice of
discrimination by those transportation providers, it does not follow that they (or by extension NFB)
have standing to assert a generalized grievance as to each and every transportation provider offering
his or her services on the uberX platform statewide. Warth v. Seldin, 422 U.S. 490, 499-500 (1975)
(when the asserted harm is a generalized grievance shared in substantially equal measure by all or a
large class of citizens, that harm alone normally does not warrant exercise of jurisdiction).
8
9
Yet, the relief sought by NFB is virtually unlimited, and requested as to each of the several
thousand transportation providers operating in California. This is fatal to NFBs claim.
10
In Small v. General Nutrition Cos., 388 F. Supp. 2d 83 (E.D.N.Y. 2005), the court held that a
11
disability rights organization lacked associational standing. There, plaintiff Disabled in Action
12
(DIA) brought suit against GNC alleging that various features of many of GNC's approximately
13
55 stores in New York City were not sufficiently accessible to the disabled. Id. at 85. Defendant
14
moved to dismiss the complaint and argued that DIA lacked associational standing. Id. The court
15
agreed, and dismissed the complaint.
16
associational standing exists only insofar as organization members have standing, associational
17
standing may not be broader or more extensive than the standing of the organizations members.
18
Thus, the association would only have standing with respect to the specific stores at which the [DIA]
19
member identified in the amended complaint has standing. Id. at 98 (emphasis added).
Id. at 97.
The court explained as follows, because
20
Here, NFB appears to seek injunctive relief with respect to the entire uberX platform and
21
every single transportation provider offering services on that platform in California.6 Accordingly,
22
the Complaint improperly seeks to confer associational standing on NFB that is far more extensive
23
24
25
26
27
28
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415.433.1940
Plaintiff NFB describes itself as the California chapter of a national organization. (Complaint, 1.) Presumably its
members reside in California. Accordingly, Defendant reads the Complaint as seeking relief with respect to the uberX
platform in California only. However, to the extent NFB seeks an injunction as to all transportation providers offering
their services on the uberX platform nationwide, the relief sought is plainly inappropriate. Even assuming individual
NFB members residing in California satisfy the standing requirements as to a number of transportation providers
operating in California, they (and thus NFB) lack standing to seek an injunction as to those transportation providers
nationwide, or even statewide.
DISMISS
10.
than the standing of its members. Because NFB cannot establish associational standing to recover
the relief it seeks, its First Cause of Action should be dismissed.
c.
Plaintiff NFB lacks standing to sue in its own right.
NFB also appears to assert (though not clearly) it has standing to sue in its own right (i.e.
organizational standing): NFB sues in furtherance of its extensive efforts and expenditure of
resources in advancing its mission to improve independence of the blind. (Complaint, 20.) The
Complaint asserts that Ubers alleged discrimination against NFBs members frustrates NFBs
mission and diverts its resources. However, NFB lacks standing under this theory as well.
The Supreme Court has held that a plaintiff generally must assert his or her own legal rights
10
and interests and may not rest his or her claim for relief on the legal rights or interests of third
11
parties. Warth v. Seldin, 422 U.S. 490, 499-500 (1975). When asserting standing on its own behalf,
12
an organization must be able to demonstrate some injury to the association itself that meets the
13
constitutional standing requirements. Havens Realty Corp. v. Coleman, 455 U.S. 363, 379 n.19
14
(1982).
15
This Court must conduct the same inquiry with respect to NFB as with an individual
16
plaintiff: has NFB alleged such a personal stake in the outcome of the controversy as to warrant []
17
invocation of federal-court jurisdiction? Havens Realty Corp., 455 U.S. at 378-379. The
18
enforcement provisions of Title III unambiguously require that the person (be it an individual or
19
entity possessing the cause of action) is being subjected, or is under threat of being subjected, to
20
discrimination. McDonalds, supra, 213 F.R.D. at 209. Accordingly, in seeking to sue in its own
21
right, NFB must itself have suffered an injury-in-fact. It clearly has not.
22
NFBs vague, unsupported assertions regarding frustration of mission and the diversion of
23
resources fall well short of establishing that NFB itself suffered an injury-in-fact sufficient to confer
24
organizational standing. McDonalds, 213 F.R.D. at 209 (in ruling that a disability rights
25
organization asserting it suffered a frustration of mission injury did not have organizational
26
standing, the court emphasized that the alleged injury was the result of defendants purported
27
discrimination against others, not the organization itself); Spann v. Colonial Village, Inc., 899 F. 2d
28
24, 27 (D.C. Cir. 1990) (An organization cannot, of course, manufacture the injury necessary to

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DISMISS
11.
maintain a suit from its expenditure of resources on that very suit. Were the rule otherwise, any
litigant could create injury in fact by bringing a case, and Article III would present no real
limitation.)
In Small, supra, the plaintiff disability rights organization asserted that it had organizational
standing because the diversion of its organizational resources from core organizational activities
towards legal efforts constituted an injury-in-fact. 388 F. Supp. 2d at 95. However, the complaint
alleged that the organization initiated and joined lawsuits to enforce the ADA as part of its
organizational mission. The court granted defendants motion to dismiss as to organizational
standing and stated, in light of this stated organizational purpose, the court would be reluctant to
10
find that any litigation expenses incurred by DIA involved a diversion of organizational resources
11
from core organizational activities toward legal efforts. Id. at 95.
12
Indeed, in describing NFBs mission, NFB alleges that it seeks to take any [ ] action which
13
will improve the overall condition and standard of living of the blind. (Complaint, 20.) Given
14
NFBs stated mission to take any action to achieve equality for the blind, the instant litigation
15
seemingly advances, rather than frustrates NFBs mission. Clark v. Burger King Corp., 255 F.
16
Supp. 2d 334, 344 (D.N.J. 2003) (finding that an ADA advocacy organization had failed to show an
17
impairment to its mission that would constitute an injury in fact and stating that, absent evidence to
18
the contrary, it appears that [the organization] is an organization whose primary purpose is ADA
19
litigation). Therefore, NFB cannot rely on organizational standing as a basis for asserting its First
20
Cause of Action under the ADA.
21
2.
22
23
The Second Cause Of Action Must Be Dismissed Because Plaintiffs Lack

Standing To Sue Under The Unruh Civil Rights Act.
a.
Plaintiff Hingson lacks standing because he has not himself been

the victim of discrimination.
24
Under the Unruh Civil Rights Act (Unruh), disabled individuals are entitled to full and
25
equal access to the accommodations, advantages, facilities, privileges or services of covered entities.
26
Cal. Civ. Code 51, et seq. Unruh authorizes an aggrieved person to sue for injunctive relief or
27
damages. Hingson does not qualify as an aggrieved person because he has never personally been
28
denied service or otherwise been discriminated against in his use of the uberX service. In fact, he

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DISMISS
12.
cannot even use the uberX service because he has not created a Uber user account or accepted the
User Terms and Conditions.
The cases interpreting Unruh have consistently held that an individual plaintiff has standing
to bring claims thereunder only if he or she has been the victim of the defendants discriminatory
act. Surrey v. TrueBeginnings, LLC, 168 Cal. App. 4th 414, (2008) (court held that individual
who sued a defendant online matchmaking service after he became aware of discriminatory
business practices even though he never subscribed to or utilized its online services did not have
standing under Unruh) (emphasis added); Midpeninsula Citizens for Fair Housing v. Westwood
Investors, 221 Cal. App. 3d 1377, 1383 (1990) (determining that standing under the Unruh extends
10
only to persons actually denied full and equal treatment by a business establishment.).
11
In Angelucci v. Century Supper Club, 41 Cal. 4th 160, 175 (2007), the California Supreme
12
Court acknowledged that a plaintiff cannot sue for discrimination in the abstract, but must actually
13
suffer the discriminatory conduct. (Emphasis added.) The Angelucci holding is fatal to Hingsons
14
claim under Unruh. Because Hingson did not attempt to or actually create an account in order to
15
request a ride using uberX, he did not suffer discrimination in any sense other than in the abstract.
16
See also Koire v. Metro Car Wash, 40 Cal. 3d 24, 34 (1985) (under Unruh, injury occurs when the
17
discriminatory policy is applied to the plaintiff.) Thus, under Angelucci, Hingson lacks standing to
18
seek relief (whether damages or injunctive relief) for violations of Unruh and his Second Cause of
19
Action must be dismissed.
20
b.
Plaintiff NFB lacks associational and organizational standing.
21
Like Hingson, NFB lacks standing to seek an injunction under Unruh.
22
First, NFB is not itself an aggrieved party under Unruh and accordingly, it does not have
23
standing to sue in its own right. As noted above, a cause of action under Unruh is individual in
24
nature. Martin v. International Olympic Committee, 740 F. 2d 670, 677 (9th Cir. 1984) (the rights
25
protected by the act are enjoyed by all persons, as individuals.). Unruh confers standing upon the
26
victims of the discriminatory practicesthe California courts have not seen fit to endorse a more
27
expansive interpretation of these standing requirements. Midpeninsula Citizens for Fair Housing,
28
221 Cal. App. 3d at 1386 (nonprofit organization lacked standing to sue apartment complex owners

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DISMISS
13.
for allegedly discriminatory rental practices because the organizations civil rights had not
personally been violated).
While an organization may be deemed an aggrieved party, the Complaint does not assert
that NFB itself experienced discriminatory treatment and it therefore lacks standing. Rather, the
purported injury is based on the allegation that transportation providers using the uberX app
discriminate against blind individuals with service animals, not that Uber, the transportation
providers, or the app discriminates against NFB. To the extent NFB contends it is suffering an
injury in the form of frustration of mission and diversion of resources, NFB fails to plead an
injury sufficient to confer standing. See Midpeninsula Citizens for Fair Housing, supra, 221 Cal.
10
App. 3d at 1383.
11
Since NFB lacks personal standing under Unruh, it cannot seek an injunction to compel
12
enforcement of Unruh based on the injuries allegedly suffered by its members. Reyes v. Atlantic
13
Richfield, 12 F.3d 1464, 1471 (9th Cir. 1993) (court denied the existence of representative standing
14
under Unruh, and ruled that a franchisee lacked standing to bring a racial discrimination suit on
15
behalf of accountants and cashiers working at the franchise); Bowden v. Redwood Institute for
16
Designed Educ., Inc., 1999 U.S. Dist. LEXIS 2881 *14-16 (N.D. Cal. 1999) (plaintiff, not claiming
17
membership in the asserted protected class, namely the disabled, may notsue as a representative of
18
the students under [] Unruh); Hous. Rights Ctr., Inc. v. Moskowitz, 2004 U.S. Dist. LEXIS 28885
19
*9-10 (C.D. Cal 2004) (Non-profit corporation that sued defendants to redress alleged housing
20
discrimination did not have standing to sue under Unruh, as standing is limited to persons
21
aggrieved and public agency plaintiffs).
22
23
NFBs Second cause of action for an injunction under Unruh should therefore be dismissed.
3.
24
25
26
Plaintiff Hingson Cannot Meet The Heightened Standing Requirement

To Establish An Entitlement To Damages Under The Disabled Persons
Act.
Hingsons Third Cause of Action under the DPA for monetary damages must be dismissed.
(Complaint, 89.)
27
The DPA (Cal. Civ. Code sections 54-54.3) creates a private cause of action for damages.
28
California courts have held that Section 54.3 incorporates a heightened standing requirement.

20th Floor
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DISMISS
14.
Urhausen v. Longs Drug Stores California, Inc. 155 Cal. App. 4th 254, 262 (2007). To maintain an
action for damages pursuant to section 54.3, an individual must establish that he was denied equal
access on a particular occasion.7 Donald v. Cafe Royale, Inc., 218 Cal. App. 3d 168, 183 (1990) (to
recover monetary damages under Civil Code Section 54.3, plaintiff must show he or she was
denied equal access on a particular occasion) (emphasis added); Urhausen, 155 Cal. App. 4th at
262 (to maintain an action for damages under the DPA, plaintiff must show that he actually
presented himself to the restaurant on a particular occasion, as any other customer would do, with
the intent of beingserved and to purchase foodin the manner offered[and] actually
encountered access to seating insidethe restaurant that was not full and equal).
10
Here, Hingson admits that he never created an Uber user account, that he never requested a
11
ride through the uberX platform, and that he was never been refused service by an uberX driver.
12
(Complaint, 48.) As such, Hingson failed to plead, and cannot plead, facts indicating that he
13
suffered an actual denial of equal access on a particular occasion. Under well-settled California law,
14
his claim for damages under the DPA must be dismissed for lack of standing.
15
4.
16
17
18
19
20
21
22
23
24
The Fourth Cause Of Action For Declaratory Relief Necessarily Fails

Because Plaintiffs Lack Standing.
Plaintiffs seek a declaration that Uber discriminates against blind persons in violation of the
ADA, Unruh and the DPA. (Complaint, 92.) Federal Rule of Civil Procedure 57 permits parties to
obtain a declaratory judgment to determine their rights and obligations in cases involving actual
controversies. However, Rule 57 (and the related Declaratory Judgment Act) 8 does not expand the
District Courts jurisdiction.
Rather, a plaintiff seeking declaratory relief must establish an
independent basis for the District Courts subject matter jurisdiction. See Prasco, LLC v. Medicis
Pharmaceutical Corp., 537 F. 3d 1329, 1335 (Fed. Cir. 2008) (holding a district court may exercise
jurisdiction over a declaratory judgment action so long as the suit meets the case or controversy
25
26
7
27
28
20th Floor
415.433.1940
The Complaint explicitly states that Plaintiffs do not seek injunctive relief under section 55. (Complaint, 90.)
Courts have held that the federal Declaratory Judgment Act, 28 U.S.C.A. 2201 et seq., is mirrored by and
functionally equivalent to Rule 57. Ernst & Young v. Depositors Economic Protection Corp., 45 F. 3d 530, 534, n.8
(1st Cir. 1995).
8

DISMISS
15.
requirement of Article III of the Constitution, a requirement which includes various more specific
but overlapping doctrines rooted in the same Article III inquiryincluding standing.)
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
20th Floor
415.433.1940
Because Plaintiffs lack standing to pursue their First, Second and Third Causes of Action,
their Fourth Cause of Action for declaratory relief also fails.
B.
Even If Plaintiffs Have Standing, And They Do Not, Plaintiffs First, Second
And Third Causes Of Action Should Be Dismissed.
To survive a motion to dismiss for failure to state a claim under Federal Rule of Civil
Procedure 12(b)(6), the plaintiff must allege enough facts to state a claim to relief that is plausible
on its face. Bell Atlantic Corp., 550 U.S. at 570; see Fed. R. Civ. P. 12(b)(6).
Dismissal can be based on the absence of sufficient facts alleged under a cognizable legal
theory. Balistreri v. Pacifica Police Dept, 901 F. 2d 696, 699 (9th Cir. 1988); see also Robertson v.
Dean Witter Reynolds, Inc., 749 F. 2d 530, 533-534 (9th Cir. 1984). While the Court must assume
the Complaints factual allegations are true, legal conclusions need not be taken as true merely
because they are cast in the form of factual allegations. Silvas v. E*Trade Mortg. Corp., 421 F.
Supp. 2d 1315, 1317 (S.D. Cal. 2006). Nor is the court required to accept as true allegations that
are merely conclusory, unwarranted deductions of fact, or unreasonable inferences. Sprewell v.
Golden State Warriors, 266 F. 3d 979, 988 (9th Cir. 2001). Rule 12(b)(6) also authorizes a court to
dismiss a claim on the basis of a dispositive issue of law. Neitzke v. Williams, 490 U.S. 319, 326327 (1989).
1.
The First Cause Of Action For Violation Of The ADA Should Be

Dismissed To The Extent It Alleges Uber Is A Public Accommodation Or
Owns, Leases, Or Operates A Place Of Public Accommodation.
Even if the Court determines that either one, or both, of the Plaintiffs have standing, it should
nevertheless dismiss Plaintiffs ADA claim to the extent it is based on the contentions that Uber is a
public accommodation or owns, leases or operates a place of public accommodation.
Title III of the ADA provides generally that no individual shall be discriminated against on
the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges,
advantages, or accommodations of any place of public accommodation by any person who owns,
leases (or leases to), or operates a place of public accommodation. 42 U.S.C. 12182(a). A place
DISMISS
16.
of public accommodation means a facility, operated by a private entity, whose operations affect
commerce and fall within one of twelve enumerated categories. See Section 42 USC 12181(7)(A)-
(L). Additional specific prohibitions for public accommodations are listed under Section 12182(b).9
a.
The Uber app is not a place of public accommodation.
As Plaintiff admits, Uber uses smart phone software applications to arrange rides between
passengers and its fleet of drivers[.] (Complaint, 22.) Websites, smartphone applications, virtual
spaces or any variation thereof are not listed among Title IIIs twelve places of public
accommodation. See 42 USC 12181(7)(A)-(L). These twelve categories are exclusive. If an
entity does not fit into one of the categories, the entity is not a place of public accommodation.
10
Under Ninth Circuit law, a place of public accommodation is a physical place. Weyer v.
11
Twentieth Century Fox Film Corp., 198 F.3d 1104, 1114 (9th Cir. 2000) (concluding that places of
12
public accommodation are actual, physical places.); Cullen v. Netflix, Inc., 880 F. Supp. 2d 1017
13
(N.D. Cal 2012) (Video programming providers motion to dismiss a hearing-impaired customer's
14
claims that a streaming library violated Unruh was dismissed where the streaming video library was
15
a website, not an actual physical place, and under judicial precedent, it was not a place of public
16
accommodation under the ADA); Young v. Facebook Inc., 790 F. Supp. 2d 1110 (N.D. Cal. 2011)
17
(finding that Facebook was not place of public accommodation in Title III claim by mentally
18
disabled plaintiff alleging failure to provide reasonable customer service upon deactivation of her
19
account). Courts have largely rejected attempts to wedge virtual environments into the ADAs
20
definition of public accommodations or expand the ADAs applicability to non-physical structures
21
even when the entity has an actual physical location. See Access Now, Inc. v. Southwest Airlines,
22
Co., 227 F. Supp. 2d 1312, 1321 (S.D. Fl. 2002) (noting cyberspace is a unique medium, with no
23
particular geographical location, and therefore www.southwest.com was not place of public
24
accommodation like ticket counter or travel agency), affd, 385 F.3d 1324, 1329 (11th Cir. 2004).
25
26
27
28
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For example, public accommodations are prohibited from (1) imposing eligibility criteria that screen out or tend to
screen out disabled individuals; (2) failing to make reasonable modifications to policies, practices or procedures unless
those modifications would fundamentally alter the nature of the service; (3) failing to provide auxiliary aids (e.g.,
interpreters) unless those aids are unduly burdensome; and (4) failing to remove architectural barriers. 42 U.S.C.
12182(b)(1)-(2).

DISMISS
17.
As a smartphone application, Ubers app exists solely in a virtual environment. Accordingly,
the app itself, the lone service Uber provides, is not a public accommodation under Title III as a
matter of law.
Plaintiffs have not alleged the Uber app is itself a place of public accommodation, or that the
app itself is inaccessible to blind individuals with service animals. In fact, Plaintiffs acknowledge
being able to successfully access the Uber app to request transportation. (Complaint, 34.)
Plaintiffs allege instead that the vehicles providing transportation services on the uberX
platform are places of public accommodation. (Complaint, 58.) However, as described below,
Uber does not own, lease or operate these vehicles.
10
b.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Uber does not own, lease or operate a place of public

accommodation.
Throughout the Complaint, Plaintiffs state that uberX is a taxi service and that Uber owns,
operates or leases a fleet of vehicles. Neither of these allegations is true, and, in fact, both are
directly and expressly contradicted by the rules promulgated by the California Public Utilities
Commission (CPUC) governing Transportation Network Companies (TNCs), rules that
Plaintiffs themselves rely upon in the Complaint. (Complaint, 9, 33.)
As stated in the Complaint, in September 2013, the CPUC issued a ruling designating uberX
as a TNC. (RJN Exh. A at 25.) In finding that TNCs are charter-party carriers within the meaning
of the California Public Utilities Code, the CPUC expressly distinguished taxi services, which are
regulated by cities and/or counties, and charter-party carrier services subject to regulation by the
CPUC.
(Id. at 11.) The CPUC also made clear that [u]nlike taxi cabs, which may pick up
passengers via street hails, PU Code 5360.5 requires that charter party carriers operate on a
prearranged basis. We find that TNCs operate on a prearranged basis. (Id. at 20.)
The CPUCs Rules go on to state that a TNC like uberX is not permitted to itself own
vehicles used in its operation or own fleets of vehicles. Id. at p. 24 (emphasis added). Plaintiffs
contend that the vehicles themselves are places of public accommodation yet the CPUC has
effectively ruled that Uber does not own or operate those places of public accommodation.
28
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415.433.1940

DISMISS
18.
Adiutori v. Sky Harbor International Airport, 880 F. Supp. 696 (D. Ariz. 1995), aff'd without
op., 103 F.3d 137 (9th Cir. 1996) is instructive. There, the plaintiff asserted that a skycap company
providing services at an airport was bound by the requirements of the ADA by virtue of the fact that
it was a private entity providing a service in a terminal, depot, or other station used for specified
public transportation, which are public accommodations under the ADA. Id. at 704. In ruling that
the skycap company did not operate a place of public accommodation and, hence, could not be sued
under Title III of the ADA, the district court pointed out that the ADA does not state that it applies
to entities which merely provide a service in a place of public accommodation, e.g. a terminal, etc.--
it only applies to entities which own, lease or operate a place of public accommodation. Id. There
10
was no evidence that the skycap company owned, leased, or operated the terminal at the airport; it
11
possessed only a permit to conduct business in the terminal. Id. Accordingly, the court ruled there
12
was no basis to hold the company liable under Title III of the ADA. Id.
13
Similarly, Ubers role is merely to provide to transportation providers a service (i.e. use of
14
the app to connect with potential passengers) that is used to access the place of public
15
accommodation: the transportation providers vehicles. Because the Uber app itself is not a place of
16
public accommodation, and given that the CPUC has ruled that Uber legally cannot own a fleet of
17
vehicles (i.e. the places of public accommodation per Plaintiffs Complaint), Plaintiffs have failed to
18
allege sufficient facts to show that Uber owns, leases, or operates a place of public accommodation.
19
To the extent Plaintiffs ADA claim is premised on that contention, it must be dismissed.
20
21
2.
The Second And Third Causes Of Action Should Be Dismissed To The

Extent Based On The Allegation That Uber, As A Public
Accommodation, Violated The ADA.
22
Under the Unruh Civil Rights Act (Unruh), a violation of the ADA constitutes a violation
23
of Unruh. See Cal. Civ. Code 51(f). Likewise, under the California Disabled Persons Act
24
(DPA), a violation of the ADA constitutes a violation of the DPA. See Cal. Civ. Code 54.1(d).
25
In their Second and Third Causes of Action, Plaintiffs assert that because Defendant violated
26
the ADA, it also violated Unruh and the DPA. (Complaint, 80, 87.) To the extent Plaintiffs
27
Second and Third causes of action are based on the allegation that Uber owns, leases or operates a
28
20th Floor
415.433.1940

DISMISS
19.
public accommodation as defined by the ADA, Plaintiffs claims fail and should be dismissed for the
same reasons described above.
IV.
4
5
CONCLUSION
For the foregoing reasons, Uber respectfully requests that the Complaint be dismissed in its
entirety due to Plaintiffs failure to establish standing to sue under the ADA, Unruh or the DPA.
Alternatively, at a minimum, Uber requests that Plaintiffs First, Second and Third Causes of
Action be dismissed to the extent it is based on the allegation that Uber is a public accommodation
or that Uber owns, operates or leases a place of public accommodation.
9
10
Dated: October 22, 2014
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/s/Andrew M. Spurchise
ANDREW M. SPURCHISE
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Firmwide:129704605.1 073208.1034
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415.433.1940

DISMISS
20.
Case3:14-cv-04086-NC Document9-1 Filed10/22/14 Page1 of 53
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jfish@littler.com
20th Floor
Telephone:
415.433.1940
Facsimile:
415.399.8490
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8

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HINGSON,
14
Plaintiffs,
15

DECLARATION OF MICHAEL COLMAN
IN SUPPORT OF DEFENDANT UBER
TECHNOLOGIES, INC.S MOTION TO
DISMISS
v.
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17
Defendant.
Date:
December 3, 2014
Time:
1:00 p.m.
Location: Courtroom A, 15th Floor
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20th Floor
415.433.1940
I, Michael Colman, hereby declare and state:
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1.
The information set forth herein is true and correct of my own personal knowledge
(unless otherwise stated) and if asked to testify thereto, I would do so competently.
2.
I am currently employed as an Operations Specialist for Uber Technologies, Inc. at its
San Francisco location.

3.
Uber is a technology company that acts as a conduit between passengers looking for
transportation, and transportation providers looking for passengers. Uber provides the technology,
through its smartphone application (the "app"), that allows passengers and transportation providers
9 to make a "match" based on their location.
10
4.
As Operations Specialist, I have personal knowledge of how the Uber app functions
11
from the perspective of both the user and the independent transportation provider. I am also familiar
12
with the agreements that both users and transportation providers must accept in order to use the app.
13
5.
Using the app, Uber users can connect with available transportation providers
14
offering a variety of transportation options. The uberX platform connects users to transportation
15
providers operating cost-efficient, everyday vehicles.
16
6.
Any independent transportation provider who wishes to access Uber's uberX software
17
platform to book passengers must enter into a Software Sublicense & Online Services Agreement
18
with Rasier, LLC, a wholly-owned subsidiary of Uber. Attached hereto as Exhibit A is a true and
19
correct copy of the Software Sublicense & Online Services Agreement.
20
21
22
7.
In California, several thousand independent transportation providers have entered into
the Software Sublicense & Online Services Agreement with Rasier, LLC.
8.
Individuals seeking to use the Uber app to request a ride must first accept Uber's User
23
Terms and Conditions. Once a user accepts the User Terms and Conditions, he or she can log on to
24
the app and select the type of service (e.g., uberX) he or she desires. After the service is selected,
25
the user can request a ride through whichever platform they prefer. Attached hereto as Exhibit 8 is
26
a true and correct copy of the Uber User Terms and Conditions.
27
28
650
~~:1!, ,...
51
;o Francisco, CA 94108.2693
415.433.1940
Case No.3: 14-cv-04086-NC
I declare under penalty of perjury pursuant to the laws of the State of California that the
2
3
foregoing is true and correct.

Executed at San Francisco, California, this
ZZ day of October 2014.
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MICHAEL COLMAN
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Finnwide:l29676130.1 073208.1034
LITTLER MENDElSON, P.C.
ssoc~~~:c;;an francisco, CA 94108.21193

415.433.1940
2.
Exhibit A
Rasier Software Sublicense & Online Services Agreement.

The terms and conditions stated herein ("Agreement") constitute a legal agreement between you, an
independent provider of rideshare or P2P transportation services ("Transportation Provider" or "You"),
and one of the following entities ("Rasier" or Company"):
If you will be operating in California, this Agreement is between You and Rasier-CA LLC, a
Delaware Limited Liability Company;
Otherwise, this Agreement is between You and Rasier, LLC, a Delaware Limited Liability
Company.
Upon your execution of this Agreement, you and the Company shall be bound by the terms and
conditions set forth herein.
RECITALS
Rasier is engaged in the business of providing lead generation to the Transportation Provider comprised
of requests for transportation service made by individuals using Uber Technologies, Inc.'s mobile
application ("Users"). Through its license of the mobile application ("Software"), Rasier provides a
platform for Users to connect with independent Transportation Providers.
Rasier does not provide transportation services, and is not a transportation carrier. In fact, the
Company neither owns, leases nor operates any vehicles. The Company's business is solely limited to
providing Transportation Providers with access, through its license with Uber Technologies, Inc.
("Uber"), to the lead generation service provided by the Software, for which the Company charges a fee
("Service").
You are an independent transportation provider who offers rideshare or P2P transportation services,
which business you are authorized to conduct in the state(s) in which you operate.
You are the owner or lessee, or are otherwise in lawful possession of motor vehicle equipment suitable
for performing the transportation services contemplated by this Agreement, which equipment complies
with all applicable federal, state and local laws.
You desire to enter into this Agreement as a Transportation Provider for the purpose of receiving the
Service from the Company.
In consideration of the above representations and the mutual covenants set forth below, and for other
good and valuable consideration, the Company and you (collectively "Parties") agree as follows:
IMPORTANT: PLEASE NOTE THAT TO USE THE SERVICE, YOU MUST AGREE TO THE TERMS AND
CONDITIONS SET FORTH BELOW. PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW
CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL
BASIS THROUGH FINAL AND BINDING ARBITRATION UNLESSYOU CHOOSE TO OPT OUT OF THE
ARBITRATION PROVISION. BY VIRTUE OF YOUR ELECTRONIC EXECUTION OF THIS AGREEMENT, YOU
WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS
AGREEMENT (INCLUDING THE ARBITRATION PROVISION) AND HAVE TAKEN TIME TO CONSIDER THE
CONSEQUENCES OF THIS IMPORTANT BUSINESS DECISION. IF YOU DO NOT WISH TO BE SUBJECT TO
ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE
INSTRUCTIONS PROVIDED IN THE ARBITRATION PROVISION BELOW.
June 21, 2014
TERMS
Service Arrangement
Subject to the terms and conditions contain herein, this Agreement shall give you the right to accept
requests to perform on-demand transportation services ("Requests") received by you via the Software,
for which you shall be paid a Service Fee (as described more fully below). Each Request that you accept
shall constitute a separate contractual engagement.
The Company will offer the Service to you during those times you choose to be available to receive the
Requests. You shall have no obligation to use the Service at any specific time or for any specific
duration. You shall have complete discretion to determine when you will be available to receive the
Requests. If, however, you agree to be available to receive the Requests, you shall be obligated to abide
by the terms of this Agreement.
You shall be entitled to accept, reject, and select among the Requests received via the Service. You shall
have no obligation to the Company to accept any Request. Following acceptance of a Request, however,
you must perform the Request in accordance with the User's specifications. Failure to provide promised
services on an accepted Request shall constitute a material breach of this Agreement, and may subject
you to damages.
Nothing in this Agreement shall be construed as a guarantee that you shall be offered any particular
number of Requests during any particular time period.
Performance of Transportation Services
You agree to fully perform all accepted Requests in accordance with the job parameters
and other specifications established by the User. Full performance of a Request shall typically
include, but is not limited to:
i.
notification to the User of arrival using Uber's mobile application;
n.
waiting at least 10 minutes for a User to show up at the requested pick-up

location;
iii.
safe, direct and uninterrupted transport of the User directly to the specified
destination, as directed by User; and
iv.
timely submission of all necessary documentation required by the Company.
Failure to comply with this paragraph shall constitute a material breach of this Agreement.
You understand that for liability reasons, Users may prohibit the transport of individuals
other than themselves during the performance of a Request. If you accept a Request subject to
such a prohibition, you agree to allow only the User, and any individuals authorized by User,
inside your vehicle during performance of a Request. A passenger restriction imposed by a User
shall be limited to that Request and shall only apply during performance of the Request. This
provision shall in no way limit your right to perform transportation services for other customers
or to carry passengers in your vehicle(s) at any other time.
June 21, 2014
You understand that for liability reasons, all Users should be transported directly to their
specified destination, as directed by User, without up.authorized interruption or unauthorized
stops.
The Company shall have no right to require you to display Rasier's name, logo or colors
on your vehicle(s) or to require that your driver(s) wear a uniform or any other clothing
displaying Rasier's name, logo or colors.
The Company shall have no right to, and shall not, control the manner or prescribe the
method you use to perform accepted Requests, subject to the terms ofthis Agreement. You shall
be solely responsible for determining the most effective, efficient and safe manner to perform the
services relating to each Request, subject to the terms of this Agreement and the applicable User
specifications. The Parties acknowledge that any provisions of this Agreement reserving certain
authority in the Company have been inserted solely to achieve compliance with federal, state, or
local laws, rules, and interpretations thereof.
You represent that you are an independent contractor engaged in the independent
business of providing the transportation services described in this Agreement and further
represent that, as of the date of execution of this Agreement, you currently possess a valid
driver's license and all licenses, permits and other legal prerequisites necessary to perform
rideshare or P2P transportation services, as required by the states and/or localities in which you
operate. To ensure your compliance with all legal requirements, you must provide written copies
of all such licenses, permits and other legal prerequisites prior to the date of execution of this
Agreement. Thereafter, you must submit to the Company current copies of such licenses,
permits, etc., as they are renewed. To ensure all such permits and licenses remain current, the
Company shall, upon request, be entitled to review such licenses and permits from time to time.
Failure to maintain current licenses, permits or other legal prerequisites, or failure to comply
with any other provision of this paragraph, shall constitute a material breach of this Agreement.
In signing this Agreement, you certify that the equipment you use in performing services
pursuant to this Agreement meet all industry and regulatory standards and qualifications. You
acknowledge and agree that the Company may release your contact or insurance information to a
User upon User request.
The Parties recognize that both you and the Company are, or may be, engaged in similar
agreements with others. Nothing in this Agreement shall preclude the Company from doing
business with other independent transportation service providers, nor preclude you from entering
into contracts similar to this Agreement with other lead generation providers. The Company
neither has nor reserves the right to restrict you from performing other transportation services for
any company, business or individual, or from being engaged in any other occupation or business.
However, during the time you are actively signed into the Software, you shall perform
transportation services only for Requests received by you via the Software. Additionally, during
the time you are actively signed into the Software, you shall not display on your vehicle any
removable insignia provided by third-party transportation service providers, other lead
generation providers, or similar. You understand that you shall not during the term of this
Agreement use your relationship with the Company (or the information gained therefrom) to
June 21, 2014
divert or attempt to divert any business from the Company to a company that provides lead
generation services in competition with the Company or Uber.
You agree to faithfully and diligently devote your best efforts, skills and abilities to
comply with the job parameters and User specifications relating to any Request accepted by you.
You have complete discretion to operate your independent business in good faith
including providing transportation services separate from those obtained using the Service.
Access to the Service may be suspended or revoked, however, if you unlawfully, unfairly or in
bad faith disparage the Company or Uber.
Transportation Provider's Equipment
You agree that you shall maintain a vehicle that is a model approved by the Company.
Any such vehicle shall be no more than ten (1 0) model years old, and shall be in good operating
condition. Prior to execution of this Agreement, you shall provide to the Company a description
of each vehicle and a copy of the vehicle registration for each vehicle(s) you intend to use to
provide service under this Agreement. You agree to notify the Company of any change in your
fleet by submitting to the Company an updated description and vehicle registration for any
previously unidentified vehicle to perform services under this Agreement. The purpose of this
provision is to enable the Company to determine whether your equipment meets industry
standards. Any intentional misrepresentation regarding the nature or condition of your
equipment shall be deemed a material breach of this Agreement.
Subject only to requirements imposed by law, Request parameters, User specifications,
and/or as otherwise set forth in this Agreement, you shall direct in all aspects the operation of the
equipment used in the performance of this Agreement and shall exercise full discretion and
judgment as an independent business in determining the means and methods of performance
under this Agreement.
Except as specifically set forth in this Agreement, you are solely responsible for all costs
and expenses incident to your personnel and equipment in performing services under this
Agreement, including, but not limited to, costs of fuel, fuel taxes, wages, employment taxes,
excise taxes, permits of all types, gross revenue taxes, road taxes, equipment use fees and taxes,
licensing, insurance coverage and any other tax, fine or fee imposed or assessed against the
equipment or you by any state, local, or federal authority as a result of an action by you or your
employees, agents, or subcontractors in the performance of this Agreement.
Service Fees
In exchange for accepting and fully performing on a Request, you shall be paid an agreed upon Service
Fee for your completion of that Request. Unless otherwise negotiated at the time the Request is
received by you, the Parties agree that you shall be paid a Service Fee at the pre~arranged rates for each
Request performed, which shall be forth in a Service Fee Schedule. You acknowledge that the applicable
Service Fee Schedule was provided to you in advance of your execution ofthis Agreement. The Service
Fee Schedule shall be made available upon request. Before any change to the rates set forth in the
Service Fee Schedule may become effective, the Company shall provide notice of such change(s) to you
via email, your mobile application or other written means.
June 21, 2014
Regardless of the pre-arranged Service Fee, you shall always have the right to refuse any Request
without penalty.
from the
Similarly, you and the Company shall always have the right to negotiate a Service Fee different
in the
pre-arranged fee. The purpose of the pre-arranged Service Fee is only to act as the default fee
amount.
different
a
event neither party negotiates
to
You acknowledge that there is no tipping for any transportation services that you provide pursuant
Company
the receipt of a Request. You understand and agree that, for the mutual benefit of the Parties,
use of
may endeavor to attract new Users to the Service and Software, and to increase existing Users'
,"
"voluntary
is
tipping
that
effect
the
to
marketing
and
advertising
the Service and Software, through
of
aim
the
that
understand
You
User.
the
by
paid
Fee
Service
"not required," and/or "included" in the
the
increase
to
ultimately
is
tip
a
leave
to
need
no
is
advertising and marketing to the effect that there
of any
number of Requests you receive through the Service and Software. You agree that the existence
Fees
Service
of
payment
the
such advertising or marketing does not entitle you to any payment beyond
as provided in this Agreement.
The Company shall electronically remit payment of Service Fees to you consistent with Company's
practices, as set forth in the Service Fee Schedule.
not
In the event the User cancels a Request after you arrive at the designated pick-up location or does
of
amount
The
fee.
n
cancellatio
a
to
subject
is
User
the
minutes,
10
least
show after you have waited at
you
foregoing,
the
nding
Notwithsta
Schedule.
Fee
Service
the cancellation fee will be as specified in the
waived,
acknowledge and agree that, in the Company's sole discretion, a User's cancellation fee may be
in which case you will have no entitlemen t to any such fee.
Rasier's Fee
the
In exchange for your access to and use of the Software and Service, including the right to receive
Service
the
in
indicated
as
accepted
Request
Requests, you agree to pay to the Company a fee for each
Fee Schedule.
Transportation Provider Quality Framework
with
You acknowledge that the Company desires to provide Users with the opportunit y to connect
assurance
quality
Transportation Providers who maintain the highest standards of professionalism. For
of
purposes, the Company has access to Uber's star rating system designed to determine the level
feedback.
service provided by the Transportation Providers contracting with the Company through User
111
growing
ly
continuous
a
on
based
is
it
as
rating,
Zagat
or
Yelp
a
to
similar
is
In a sense, the star rating
the
determine
to
system
rating
the
uses
Company
The
Users.
by
collection of star reviews submitted
low
with
Providers
tion
Transporta
Requests.
forward
to
quality of Transportation Providers to whom
ratings may be limited in their right to accept Requests.
Insurance
Vehicle Insurance. As an express condition of doing business with the Company, and at your sole
expense, you agree to maintain current during the life ofthis Agreement, third-party automobile
under
insurance of the types and amounts specified herein for every vehicle used to perform services
this Agreement. You acknowledge that failure to secure or maintain the third-party automobile
t
insurance of the types or amounts specified herein shall be deemed a material breach of this Agreemen
and shall result in the immediate suspension of the Agreement and the loss of your right to receive
Requests under this Agreement.
June 21, 2014
i.
Coverage Specifications. To perform services under'this Agreement, you must

maintain automobile insurance with coverage of at least the minimum
coverage required by state or local law to operate a private passenger vehicle
You understand and acknowledge that your personal
on public roads.
automobile insurance policy may not afford liability, comprehensive, collision,
medical payments, personal InJUry protection, uninsured motorist,
underinsured motorist, or other coverage for the P2P transportatio n service
you provide pursuant to this Agreement. If you have any questions or concerns
about the scope or applicability of your own insurance coverage, it is your
responsibility, not the Company's, to resolve them with your insurer(s).
ii.
Notification of Coverage. You agree to provide proof of such insurance

coverage by delivering to the Company, before using the Service to accept
transportatio n requests, current certificates of insurance. To ensure public
safety, you further agree to provide updated certificates each time you
purchase, renew or alter your insurance coverage. Furthermore, you must
provide the Company with written notice of cancellation of any insurance
policy required by the Company. The Company shall have no right to control
your selection or maintenance of your policy.
iii.
Additional Excess Coverage. The Company holds a commercial automobile

insurance policy with $1 million of liability coverage per accident, as defined in
the relevant policy. Subject to Its specific terms and conditions, this policy Is
intended to cover your liability to third parties, on an excess basis, from the
time you accept a Request via the Software until the completion of the
requested trip. You understand and acknowledge that your own automobile
insurance policy is primary and that the Company's policy is excess to your
policy. Additional terms, limitations, and exclusions may apply. THIS IS A
SUMMARY OF THE COMPANY'S COMMERCIAL AUTOMOBILE LIABILITY
INSURANCE COVERAGE, THE ACTUAL TERMS OF WHICH ARE SET FORTH IN THE
POLICY, WHICH CONTROLS IN THE EVENT OF ANY CONFLICT.
Occupational Accident Insurance. If permitted by law, you may choose to insurance yourself against
industrial injuries by maintaining occupational accident insurance in place of workers' compensation
insurance. Your subcontractors may also, to the extent permitted by law, maintain occupational
accident insurance in place of workers' compensation insurance. All of your employees must be covered
by workers' compensation insurance, as required by law.
Cojorado Discloure. If you operate in Colorado, you understand and acknowledge that, under Colorado
law: IF THE VEHICLE THAT YOU PLAN TO USE TO PROVIDE TRANSPORTATION NETWORK COMPANY
SERVICES FOR THE COMPANY HAS A LIEN AGAINST IT, YOU MUST NOTIFY THE LIENHOLDER THAT YOU
WILL BE USING THE VEHICLE FOR TRANSPORTATION SERVICES THAT MAY VIOLATE THE TERMS OF YOUR
CONTRACT WITH THE LIENHOLDER. When operating on the Transportation Network Company's digital
network, your personal automobile insurance policy might not afford liability coverage, depending on
the policy's terms.
Transportati on Provider Personnel
You shall furnish at your own discretion, selection, and expense any personnel required
or incidental to the performance of the Services contemplated by the performance of this
June 21, 2014
Agreement. You shall be solely responsible for the direction and control of your employees,
agents and subcontractors, if any, including their selection, hiring, firing, supervision,
assignment, and direction, the setting of wages, hours and working conditions, and addressing
their grievances. You shall determine the method, means and manner of the performance of the
work of your employees, agents and subcontractors.
You assume full and sole responsibility for the payment of all wages, benefits and
expenses of your employees, agents, or subcontractors, if any, and for all state and federal
income tax withholdings, unemployment insurance, and social security taxes as to you and all
persons employed by you in the performance of services under this Agreement, and you shall be
responsible for meeting and fulfilling the requirements of all regulations now or hereafter
prescribed by law. The Company shall not be responsible for the wages, benefits or expenses
due your employees, agents, or subcontractors nor for income tax withholding, social security,
unemployment, or other payroll taxes of your employees, agents, or subcontractors.
The Company shall neither have nor exercise disciplinary authority or control over you,
your employees, agents, or subcontractors, shall have no authority to supervise or direct your
employees, agents, or subcontractors, and shall have no authority or right to select, approve, hire,
fire or discipline any of your employees, agents, or subcontractors.
You shall not allow any other person, including any employee, agent, or subcontractor, to access the
Service to accept transportation requests using the Device or the Driver ID. You acknowledge and agree
that this Agreement only enables you, not any other person, to access the Services and Software, and to
use the Device and the Driver ID to receive requests for transportation services.
The Company is not authorized to withhold state or federal income taxes, social security taxes,
unemployment insurance taxes, or any other local, state or federal tax on behalf of you or your
employees, agents, or subcontractors. If mandated by a court of law with proper authority and
jurisdiction, the Company shall comply with the terms of a garnishment order, as required by law. The
Company will comply with any and all applicable requirements of local, state, or federal law to report
payments the Company makes to independent contractors. You will be notified of any such reports
made by the Company regarding your services to the extent required by applicable law.
Legally Mandated Drug and Alcohol Testing
You agree to comply with all federal, state and local laws regulating drug and alcohol use and testing.
Failure to satisfy all such requirements shall constitute a material breach of this Agreement. You
acknowledge that if you test positive for drugs and/or alcohol, you may not thereafter operate
equipment under this Agreement until first satisfying all requirements of federal, state and local law.
Company Equipment/Driver ID
Contemporaneously with the execution and delivery of this Agreement, and subject to the
terms and conditions herein, the Company will offer you the right to use a mobile telephone
"smartphone" provided by the Company, which is and will remain the property of the Company
(the "Device").
The Company shall deliver the Device in good working order to the Transportation Provider. The
Device will have the Software loaded on it. The Company will provide normal maintenance of the
Device; however, such maintenance will not include repairs and servicing required as a result of damage
June 21, 2014
(including, without limitation, water damage) to the Device, whether caused by accident, negligence,
misuse, or breach of this Agreement. All repairs and servicing required as a result of any accident,
negligence, misuse, or breach of this Agreement will be at the Transportation Provider's sole cost and
expense, and will be performed at a service center designated in writing by the Company as a duly
authorized service center. You also assume all risks for any and all loss or damage to the Device,
including, without limitation, loss or damage caused by fire, theft, collision or water, whether or not
such loss or damage is caused by the Transportation Provider's negligence. The Company may charge a
fee for the use of the Device or request a retainer fee and/or a security deposit per Device.
Company will also issue identification and password keys (each, a "Driver ID") to the
Transportation Provider to enable you to access the Service. You will ensure the security and
confidentiality of each Driver ID. ONLY YOU may use the Driver ID. Sharing your Driver ID
with someone else constitutes a material breach of this Agre.ement. ONLY YOU may use the
Device to accept requests for transportation services. Allowing someone else to use the Device
to accept requests for transportation services constitutes a material breach of this Agreement. The
Company will have the 'right, at all times and in the Company's sole discretion, to prohibit or
otherwise restrict you or anyone else from accessing the Service for any reason.
The Company's approval and authorization of a Driver may be conditioned upon terms and
conditions including, without limitation, a requirement that such Driver, at his own cost and expense,
undergo the Company's screening process and attend the Company's informational session regarding
the use of Uber's mobile application. The Company reserves the right to withhold or revoke its approval
and authorization of any Driver at any time, in its sole and unreviewable discretion. Upon termination
of this Agreement, whether by default or otherwise, the Device, which you acknowledge is and at all
times will remain the property of the Company, must be returned to the Company.
Intellectual Property Ownership
The Parties understand that to perform the services contemplated by this Agreement, it may be
necessary for the Parties to exchange certain confidential and proprietary information regarding their
operations, Users and other sensitive details that the Parties consider confidential. This confidential and
proprietary information ("Confidential Information") includes, but is not limited to, the following:
i.
(1) the Service, and related methods, processes and

Company's Information.
technology; (2) pricing, pricing methods and billing practices; (3) marketing and financial
plans; (4) letters, memoranda, agreements, and other internal documents; and (5)
financial or other information regarding the Company or Users that has not been
disclosed to the public.
ii.
Transportation Provider Information. (1) your billing practices; (2) your business
proposals and bids and any related letters, memoranda, agreements, and other internal
documents maintained in confidence; and {3) financial information regarding you that
has not been disclosed to the public.
Except upon order of government authority having jurisdiction or upon written consent by the other
party, the Company and you covenant and agree that they will not disclose to third parties or use for
their own benefit or the benefit of any third party, any Confidential Information entrusted by the other
party or Users in the performance of services pursuant to this Agreement.
June 21, 2014
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the
Service or Software, or any intellectual property rights owned or licensed by the Company. The
Company name, the Company logo, and the product names associated with the Service and Software
are trademarks of the Company or third parties, and no right or license is granted to use them.
Indemnificat ion
By entering into this Agreement, you agree to defend, indemnify, protect and hold harmless the
Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers,
directors, members, employees, attorneys and agents, from any and all claims, demands, damages,
suits, losses, liabilities, expenses (including attorneys' fees and costs), and causes of action arising
directly or indirectly from out of or in connection with (a) your actions (or omissions) arising from the
performance of services under this Agreement, including personal injury or death to any person
(including you and/or your employees); (b) liability for civil and/or criminal conduct (e.g., assault,
battery, fraud); (c) any liability arising from your failure to comply with the terms of this Agreement,
including with respect to payment of wages, benefits or expenses due your employees, agents, or
subcontractors; and (d) your use (or misuse) of the Software or Service.
Damage or Injury Claims
You shall be liable to the User for all claims of damage and/or injury to any User sustained while being
transported by you. You agree to notify the Company of any damage or injury as soon as practicable
after the damage or injury occurs. You understand that insurance may or may not provide coverage for
damage or injury, or it may provide coverage for some, but not all, damage or injury.
You agree to fully .cooperate with the User and/or the Company to resolve injury or damage claims as
quickly as possible. You further acknowledge that, in the event of damage or an insurance claim, the
Company may inform your insurance provider, or the Insurance provider of any other party involved, of
the claim and provide information about your acceptance or performance of a Request at the time of
the damage or incident underlying a claim.
You agree that, in the event the Company is held liable for any injury or damage to any person caused by
you, the Company shall have the right to recover such amount from you. Similarly, should the Company
voluntarily elect to pay any amount owed to any person for damage or injury to that person caused by
you or for which you are responsible and/or liable, the Company shall have the same right as the injured
party to recover from you (i.e., the Company stands in the shoes of the injured party).
Relationship of Parties
This Agreement is between two co-equal, independent business enterprises that are separately owned
and operated. The Parties intend this Agreement to create the relationship of principal and
independent contractor and not that of employer and employee. The Parties are not employees,
agents, joint venturers or partners of each other for any purpose.
As an independent contractor, you recognize that you are not entitled to unemployme nt benefits
following termination of the Parties' relationship.
Termination of Agreement
This Agreement shall remain in effect until terminated as follows:
June 21, 2014
i.
At any time upon mutual written consent of the Parties hereto.
ii.
If one party has materially breached the Agreement, upon seven (7) days' written notice
to the breaching party, with such notice specifying the breach relied upon.
iii.
By either party without cause upon thirty (30) days' prior written notice to the other
party, with the date of mailing commencing the thirty (30) day period.
iv.
The Agreement shall be automatically terminated for inactivity of more than 180 days,
with the date of termination being the 180th day following the date of the last Request
accepted and performed by you.
The following acts or occurrences shall constitute a material breach of this Agreement:
i.
Your failure to maintain current insurance coverage in the amounts and types required
herein.
ii.
Failure by the Company to remit to you all Service Fees due and owing within 30 days of
the date the amount became due.
iii.
Your refusal to reimburse a User or the Company for any damage or injury caused by
you.
iv.
Refusal by the Company to provide documentation requested by you reasonably

relating to a damage or injury claim arising under this Agreement.
v.
Your refusal to fully complete Request after acceptance without waiver by the User or
the Company.
vi.
Failure by either party to maintain all licenses and permits required by law and/or this
Agreement.
vii.
Your allowing any other person to access the Software, Service, or Device to receive
requests for transportation services, or allowing anyone to log into the Software using
your Driver ID.
viii.
A major driving violation, such as a citation for reckless driving, while transporting a
User.
ix.
Your loss of license and/or full driving privileges, or your use of a driver who is not fully
and properly licensed and approved by the Company to perform the job offered through
the Service.
x.
Intentional misrepresentations by you, your employees, agents or subcontractors to a

User or the Company, including intentionally taking an indirect route to the User's
specified destination.
xi.
Violation by either party of the Intellectual Property Ownership provision of the

Agreement.
xii.
Documented complaint by a User that you and/or your employee or subcontractor

engaged in conduct that a reasonable person would find physically threatening, highly
offensive or harassing.
June 21, 2014
10
Arbitration Provision
Important Note Regarding this Arbitration provision:
Arbitration does not limit or affect the legal claims you may bring against the Company .
Agreeing to arbitration only affects where any such claims may be brought and how
they will be resolved.
Arbitration is a process of private dispute resolution that does not involve the civil
courts, a civil judge, or a jury. Instead, the parties' dispute Is decided by a private
arbitrator selected by the parties using the process set forth herein. Other arbitration
rules and procedures are also set forth herein.
Unless the law requires otherwise, as determined by the Arbitrator based upon the
circumstances presented, you will be required to split the cost of any arbitration with
the Company.
IMPORTANT: This arbitration provision will require you to resolve any

claim that you may have against the Company or Uber on an
individual basis pursuant to the terms of the Agreement unless you
choose to opt out ofthe arbitration provision. This provision will
preclude you from bringing any class, collective, or representative
action against the Company or Uber. It also precludes you from
participating in or recovering relief under any current or future class,
collective, or representative action brought against the Company or
Uber by someone else.
o
Cases have been filed against Uber and may be filed In the future involving
claims by users of the Service, including by drivers. You should assume that
there are now, and may be in the future. lawsuits against the Company or
Uber._al/eqinq class, collective, and/or representative claims on your behalf,
Including but not limited to claims for tips, reimbursement of expenses, and
employment status. Such claims, if successful, could result in some monetary
recovery to you. (THESE CASES NOW INCLUDE, FOR EXAMPLE, LAVITMAN V.
UBER TECHNOLOGIES, INC., ET AL., CASE NO. 1:13-cv-10172-DJC (DISTRICT OF
MASSACHUSETTS} AND O'CONNOR V. UBER TECHNOLOGIES, INC., ET AL., CASE
NO. CV 1.303826-EMC (NORTHERN DISTRICT OF CALIFORNIA).
June 21, 2014
The mere existence of such class, collective, and/or representative lawsuits,

however, does not mean that such lawsuits will ultimately succeed. But if you
do agree to arbitration with the Company, you are agreeing in advance that
you will not participate in and therefore, will not seek to recover monetary or
other relief under any such class, collective, and/or representative lawsuit.
However, as discussed above, if you agree to arbitration, you will not be

precluded from bringing your claims against the Company or Uber in an
11
individual arbitration proceeding. If successful on such claims, you could be

awarded money or other relief by an arbitrator (subject to splitting the cost of
arbitration as mentioned above).
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION.

IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE
INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO
CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF
ABRITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER
RESEARCH AND TO CONSULT WITH OTHERS - INCLUDING BUT NOT LIMITED TO
AN ATIORNE Y- REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS
YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE
DECISION.
i.
How This Arbitration Provision Applies.
This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. 1 et seq. (the "FAA") and
evidences a transaction involving commerce. This Arbitration Provision applies to any dispute arising
out of or related to this Agreement or termination of the Agreement and survives after the Agreement
terminates. 1\(othing contained in this Arbitration Provision shall be construed to prevent or excuse you
from utilizing any procedure for resolution of complaints established in this Agreement (if any), and this
Arbitration Provision is not intended to be a substitute for the utilization of such procedures.
Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of
disputes that otherwise would be resolved in a court of law or before a forum other than arbitration.
This Arbitration Provision requires all such disputes to be resolved only by an arbitrator through final
and binding arbitration on an individual basis only and not by way of court or jury trial, or by way of
class, collective, or representative action.
Such disputes include without limitation disputes arising out of or relating to interpretatio n or
application of this Arbitration Provision, including the enforceability, revocability or validity of the
Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an
Arbitrator and not by a court or judge.
Except as it otherwise provides, this Arbitration Provision also applies, without limitation, to disputes
arising out of or related to this Agreement and disputes arising out of or related to your relationship
with the Company, including termination of the relationship. This Arbitration Provision also applies,
without limitation, to disputes regarding any city, county, state or federal wage-hour law, trade secrets,
unfair competition, compensation, breaks and rest periods, expense reimbursement, termination,
harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans
With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor
Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under
any benefit plan sponsored by the Company and covered by the Employee Retirement Income Security
Act of 1974 or funded by insurance), Genetic Information Non-Dis~rimination Act, and state statutes, if
any, addressing the same or similar subject matters, and all other similar federal and state statutory and
common law claims.
June 21, 2014
12
This Agreement is intended to require arbitration of every claim or dispute that lawfully can be
arbitrated, except for those claims and disputes which by the terms of this Agreement are expressly
excluded from the Arbitration Provision.
The parties expressly agree that Uber is an intended third-party beneficiary of this Arbitration Provision.
ii.
Limitations On How This Agreement Applies.
The disputes and claims set forth below shall not be subject to arbitration and the requirement to
arbitrate set forth in this Arbitration Provision shall not apply:
Claims for workers compensation, state disability insurance and unemployment insurance benefits;
Regardless of any other terms of this Arbitration Provision, claims may be brought before and remedies
awarded by an administrative agency if applicable law permits access to such an agency notwithstanding
the existence of an agreement to arbitrate. Such administrative claims include without limitation claims
or charges brought before the Equal Employment Opportunity Commission (www.eeoc.gov), the U.S.
Department of Labor (www.dol.gov), the National Labor Relations Board (www.nlrb.gov) , or the Office
of Federal Contract Compliance Programs (www.dol.gov/esa/ofccp). Nothing in this Arbitration
Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before
any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a
claim in arbitration;
Disputes that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank
Wall Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from the coverage
of this Arbitration Provision;
Disputes regarding your, the Company's, or Uber's intellectual property rights;
This Arbitration Provision shall not be construed to require the arbitration of any claims against a
contractor that may not be the subject of a mandatory arbitration agreement as provided by section
8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118),
section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 11210, Division A), and their implementing regulations, or any successor DoD appropriations act addressing
the arbitrability of claims.
iii.
Selecting The Arbitrator and Location of the Arbitration.
The Arbitrator shall be selected by mutual agreement of the Company and you. Unless you and the
Company mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the
location where the arbitration proceeding will be conducted or a retired federal or state judicial officer
who presided in the jurisdiction where the arbitration will be conducted. If the Parties cannot agree on
an Arbitrator, then an arbitrator will be selected using the alternate strike method from a list of five (5)
neutral arbitrators provided by JAMS (Judicial Arbitration & Mediation Services). You will have the
option of making the first strike. If a JAMS arbitrator is used, then the JAMS Streamlined Arbitration
Rules & Procedures rules will apply. Those rules are available here:
http://www.jam sadr.com/rules -streamlined-ar bitration/
The location of the arbitration proceeding shall be no more than 45 miles from the place where you last
provided transportation services under this Agreement, unless each party to the arbitration agrees in
writing otherwise.
June 21, 2014
13
iv.
Starting The Arbitration.
All claims in arbitration are subject to the same statutes of limitation that would apply in court. The
party bringing the claim must demand arbitration in writing and deliver the written demand by hand or
first class mail to the other party within the applicable statute of limitations period. The demand for
arbitration shall include identification of the Parties, a statement of the legal and factual basis of the
claim(s), and a specification of the remedy sought. Any demand for arbitration made to the Company or
Uber shall be provided to Legal, Rasier, LLC, 1455 Market St., Ste. 400, San Francisco CA 94103. The
arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief In
connection with an arbitrable controversy, but only upon the ground that the award to which that party
may be entitled may be rendered ineffectual without such provisional relief.
v.
How Arbitration Proceedings Are Conducted.
In arbitration, the Parties will have the right to conduct adequate civil discovery, bring dispositive
motions, and present witnesses and evidence as needed to present their cases and defenses, and any
disputes in this regard shall be resolved by the Arbitrator.
You and the Company agree to resolve any dispute in arbitration on an individual basis only, and not
on a class, collective, or private attorney general representative action basis. The Arbitrator shall have
no authority to consider or resolve any claim or issue any relief on any basis other than an individual
basis. If at any point this provision is determined to be unenforceable, the parties agree that this
provision shall not be severable, unless it is determined that the Arbitration may still proceed on an
individual basis only.
While the Company will not take any retaliatory action in response to any exercise of rights you may
have under Section 7 of the National Labor Relations Act, if any, the Company shall not be precluded
from moving to enforce its rights under the FAA to compel arbitration on the terms and conditions set
forth in this Agreement.
vi.
Paying For The Arbitration.
Each party will pay the fees for his, her or its own attorneys, subject to any remedies to which that party
may later be entitled under applicable law (i.e., a party prevails on a claim that provides for the award of
reasonable attorney fees to the prevailing party). In all cases where required by law, the Company will
pay the Arbitrator's and arbitration fees. If under applicable law the Company is not required to pay all
of the Arbitrator's and/or arbitration fees, such fee(s) will be apportioned equally between the Parties
or as otherwise required by applicable law. Any disputes in that regard will be resolved by the
Arbitrator.
vii.
The Arbitration Hearing And Award.
The Parties will arbitrate their dispute before the Arbitrator, who shall confer with the Parties regarding
the conduct of the hearing and resolve any disputes the Parties may have in that regard. Within 30 days
of the close of the arbitration hearing, or within a longer period of time as agreed to by the Parties or as
ordered by the Arbitrator, any party will have the right to prepare, serve on the other party and file with
the Arbitrator a brief. The Arbitrator may award any party any remedy to which that party is entitled
under applicable law, but such remedies shall be limited to those that would be available to a party in
his or her individual capacity in a court of law for the claims presented to and decided by the Arbitrator,
and no remedies that otherwise would be available to an individual in a court of law will be forfeited by
June 21, 2014
14
virtue of this Arbitration Provision. The Arbitrator will issue a decision or award in writing, stating the
essential findings of fact and conclusions of law. Except as may be permitted or required by law, as
determined by the Arbitrator, neither a party nor an Arbitrator may disclose the existence, content, or
results of any arbitration hereunder without the prior written consent of all Parties. A court of
competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to
the arbitration. The Arbitrator shall not have the power to commit errors of law or legal reasoning, and
the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such
error.
viii.
Your Right To Opt Out Of Arbitration.
Arbitration is not a mandatory condition of your contractual relationship with the Company. If you do
not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by
notifying the Company in writing of your desire to opt out of this Arbitration Provision, either by (1)
sending, within 30 days of the date this Agreement is executed by you, electronic mail to
Q.P..!.Q..Yl@ub~r.com, stating your name and intent to opt out of the Arbitration Provision or (2} by
sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g, UPS, Federal
Express, etc.), or by hand delivery to:
Legal
Rasier, LLC
1455 Market St., Ste. 400
San Francisco CA 94103
In order to be effective, the letter under option (2) must clearly indicate your intent to opt out of this
Arbitration Provision, and must be dated and signed. The envelope containing the signed letter must
be received (if delivered by hand) or post-marked within 30 days of the date this Agreement is
executed by you. Your writing opting out of this Arbitration Provision, whether sent by (1) or (2), will
be filed with a copy of this Agreement and maintained by the Company. Should you not opt out of
this Arbitration Provision within the 30-day period, you and the Company shall be bound by the terms
of this Arbitration Provision. You have the right to consult with counsel of your choice concerning this
Arbitration Provision. You understand that you will not be subject to retaliation if you exercise your
right to assert claims or opt-out of coverage under this Arbitration Provision.
ix.
Enforcement Of This Agreement.
This Arbitration Provision is the full and complete agreement relating to the formal resolution of
disputes arising out of this Agreement. Except as stated in subsection v, above, in the event any portion
of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be
enforceable.
The Company may give notice by means of a general notice to you through the Software, electronic mail
to your email address on record in the Company's account information, or by written communication
sent by first class mail or pre-paid post to your principal place of business on record in the Company's
account information. Such notice shall be deemed to have been given upon the expiration of 48 hours
June 21, 2014
15
after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by
email or through the Software).
You may give notice to the Company (such notice shall be deemed given when received by the
Company) at any time by any of the following: (a) letter sent by email to support@ uber.com; or
(b) letter delivered by nationally recognized overnight delivery service or first class postage
prepaid mail to the Company at the following address: Rasier, LLC, 1455 Market St., Ste. 400,
San Francisco CA 94103 addressed to the attention of: Legal.
Assignment
You may not assign this Agreement without the prior written approval of the Company. Any purported
assignment in violation of this section shall be void. The Company shall have the right, without your
consent and in its sole discretion, to assign the Agreement or all or any of its obligations and rights
hereunder provided that the assignee of the Company's obligations under such assignment is, in the
Company's reasonable judgment, able to perform the Company's obligations under this Agreement.
Upon such assignment, the Company shall have no further liability to the Transportation Provider for the
obligations assigned.
Confidentiality Of Agreement
You represent you have not disclosed and agree to maintain in confidence the contents and
terms of this Agreement, unless any such information is otherwise publicly available or its disclosure is
mandated by law. You agree to take every reasonable precaution to prevent disclosure of the contents
and terms of this Agreement, including by your personnel, to third parties, and agree that there will be
no publicity, directly or indirectly, concerning any terms and conditions contained herein. You agree to
disclose the terms and conditions of the Agreement only to those attorneys, accountants, governmental
entities, and family members who have a need to know of such information and then only to the extent
absolutely necessary. In the event you must disclose certain terms and conditions of the Agreement to
the necessary third parties identified, you agree to inform Rasier of the nature and extent of the
disclosure and further agree to inform the necessary third parties of this confidentiali ty provision and
take every precaution to ensure those parties do not disclose the terms and conditions of the
Agreement themselves.
Modification~
The Company reserves the right to modify or supplement the terms and conditions of this
Agreement at any time, effective upon publishing a modified version of this Agreement, or upon
publishing the supplemental terms to this Agreement, on the Software or via email or on your online
Partner Dashboard.
You hereby expressly acknowledge and agree that, by using or receiving the Service, and
downloading, installing or using the Software, you and Company are bound by the then-current version
of this Agreement, including any modifications and supplements to this Agreement or documents
incorporated herein. Continued use of the Service or Software after any modifications or supplements
to the Agreement shall constitute your consent to such modifications and supplements. You are
responsible for regularly reviewing this Agreement.
June 21, 2014
16
General
Except as otherwise explicitly set forth in this agreement, if any provision of the Agreement is held to be
invalid or unenforceable, such provision shall be stricken and the remaining provisions shall be enforced
to the fullest extent under law. The failure of the Company to enforce any right or provision in this
Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to
by the Company in writing. This Agreement, including any modifications and supplements to this
Agreement or documents incorporated herein, constitutes the entire agreement and understanding of
the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous
negotiations, discussions, agreements, arrangements, offers, undertakings or statements, whether
verbal, electronic, or in writing, regarding such subject matter. Except as explicitly set forth in this
Agreement, nothing contained in this provision or this Agreement is intended to or shall be interpreted
to create any third-party beneficiary claims.
The interpretation of this Agreement shall be governed by California law, without regard to the choice
or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action
arising out of or in connection with this Agreement or the Uber Service or Software shall be subject to
the exclusive jurisdiction of the state and federal courts located in the City and County of San Francisco,
California. However, neither the choice of law provision regarding the interpretation of this Agreement
nor the forum selection provision is intended to create any other substantive right to non-Californians to
assert claims under California law whether that be by statute, common law, or otherwise. These
provisions are only intended to specify the use of California law to interpret this Agreement and the
forum for disputes asserting a breach of this Agreement, and these provisions shall not be interpreted as
generally extending California law to you if you do not otherwise operate your business in California. If
any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and
the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company
to enforce any right or provision in this Agreement shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by the Company in writing.
By clicking "I agree", you expressly acknowledge that you have read, understood, and taken steps to
thoughtfully consider the consequences of this Agreement, that you agree to be bound by the terms and
conditions of the Agreement, and that you are legally competent to enter into this Agreement with the
Company.
June 21, 2014
17
Exhibit B

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1 i'g~,s~
LEG AL
USER T ... PRIVAC. .. COPYRI... SECURI... OTHER ...
TERMS
UNITED STATES T
AND
CONDITION S
Last Updated: May
17,2013
The terms and conditions stated herein

(collectively, the "Agreement") constitute
a legal agreement between you and Uber
Technologies, Inc., a Delaware
corporation (the "Company"). In order to
use the Service (defined below) and the
associated Application (defined below)
you must agree to the terms and
conditions that are set out below. By
using or receiving any services supplied
to you by the Company (collectively, the
"Service"), and downloading, installing or
using any associated application supplied

by the Company which purpose is to
enable you to use the Service

(collectivel y, the
~'Application"),
you
hereby expressly acknowledg e and agree

to be bound by the terms and conditions
of the Agreement, and any future
amendmen ts and additions to this
Agreement as pub I ished from time to
time at https://www.uber .com/terms
(/terms) or through the Service.
The Company reserves the right to
modify the terms and conditions of this
Agreement or its policies relating to the
Service or Application at any timet
effective upon posting of an updated
version of this Agreement on the Service
or Application . You are responsible for
regularly reviewing this Agreement.
Continued use of the Service or
Application after any such changes shall
constitute your consent to such changes.
THE COMPANY DOES NOT PROVIDE

TRANSPOR TATION SERVICES, AND THE
COMPANY IS NOT A TRANSPOR TATION
CARRIER. IT IS UP TO THE THIRD PARTY
TRANSPOR TATION PROVIDER, DRIVER
OR VEHICLE OPERATOR TO OFFER
TRANSPOR TATION SERVICES WHICH
MAY BE SCHEDULE D THROUGH USE OF
THE APPLICATI ON OR SERVICE. THE
COMPANY OFFERS INFORMAT ION AND
A METHOD TO OBTAIN SUCH THIRD

PARTY TRANSPO RTATION SERVICES,
BUT DOES NOT AND DOES NOT INTEND
TO PROVIDE TRANSPO RTATION
SERVICES OR ACT IN ANY WAY AS A
TRANSPO RTATION CARRIER, AND HAS
NO RESPONSIBILITY OR LIABILIT Y FOR
ANY TRANSPO RTATION SERVICES
PROVIDE D TO YOU BY SUCH THIRD
PARTIES.
KEY CON TENT RELA TED TERM S

"Conten e' means text, graphics, images,
music, software (excluding the
Applicati on), audio, video, informat ion or
other materials.
"Compa ny Content " means Content that
Company makes available through the
Service or Applicati on, including any
Content licensed from a third party, but
excludin g user Content
"User" means a person who accesses or
uses the Service or Applicati on.
"User Content " means Content that a
User posts, uploads, publishes, submits or
transmits to be made available through
the Service or Applicati on.

"Collect ive Content" means,
collective ly, Company Content and User

Content.
REPR ESEN TATIO NS

AND WAR RANT IES
By using the Applicati on or Service, you
expressl y represen t and warrant that you
are legally entitled to enter this
Agreement. If you reside in a jurisdicti on
that restricts the use of the Service
because of age, or restricts the ability to
enter into agreements such as this one
due to age, you must abide by such age
limits and you must not use the
Applicati on and Service. Without limiting
the foregoing , the Service and
Applicati on is not available to children
(persons under the age of 18). By using
the Applicati on or Service, you represen t
and warrant that you are at least 18
years old. By using the Applicati on or the
Service, you represen t and warrant that
you have the right, authority and
capacity to enter into this Agreeme nt and
to abide by the terms and condition s of
this Agreement. Your participa tion in
using the Service and/or Applicati on is
for your sole, personal use. You may not
authorize others to use your user status,
and you may not assign or otherwis e
transfer your user account to any other
person or entity. When using the
Applicati on or Service you agree to
comply with all applicable laws from
your home nation, the country, state and

city in which you are present while using
the Application or Service.
You may only access the Service using
authorized means. It is your
responsibi lity to check to ensure you
download the correct Application for
your device. The Company is not liable if
you do not have a compatible handset or
if you have downloade d the wrong
version of the Application for your
handset. The Company reserves the right
to terminate this Agreement should you
be using the Service or Application with
an incompatib le or unauthoriz ed device.
By using the Application or the Service,
you agree that:
You will only use the Service or
Application for lawful purposes;
you will not use the Services for
sending or storing any unlawful
material or for fraudulent purpose-s.
You will not use the Service or
Application to cause nuisance,
annoyance or inconvenience.
You will not impair the proper
operation of the network.
You will not try to harm the Service
or Application in any way
whatsoeve r.
You will not copy, or distribute the
Application or other content
without written permission from
the Company.
You will only use the Application

and Service for your own use and
will not resell it to a third party.
You will keep secure and

confidentia l your account password
or any identificati on we provide
you which allows access to the
Service.
You will provide us with whatever
proof of identity we may
reasonably request.
You will only use an access point or
3G data account (AP) which you are
authorized to use.
You are aware that when requesting
transportat ion services by SMS,
standard messaging charges will
apply.
LICEN SE GRAN T,
RESTR ICTION S AND
COPYR IGHT POLIC Y
LICENSES GRANTED BY
COMPAN Y TO COMPAN Y
CONTENT AND USER CONTENT
Subject to your compliance with the
terms and conditions of this Agreemen t
Company grants you a limited, nonexclusive, non-transfe rable license: (i) to
view, download and print any Company
Content solely for your personal and
non-comm ercial purposes; and (ii) to
view any User Content to which you are
permitted access solely for your personal
and non-comme rcial purposes. You have
no right to sublicense the license rights
granted in this section.

You will not use, copy, adapt, modify,
prepare derivative works based upon,

distribute, license, sell, transfer, publicly
display, publicly perform, transmit,
stream, broadcast or otherwise exploit
the Service, Application or Collective
Content, except as expressly permitted in
this Agreement No licenses or rights are
granted to you by implication or
otherwise under any intellectual property
rights owned or controlled by Company
or its licensors, except for the licenses
and rights expressly granted in this
Agreement .
LICENSE GRANTED BY USER

We may, in our sole discretion, permit
Users to post. upload, pub I ish, submit or
transmit User Content. By making
available any User Content on or through
the Service or Application , you hereby
grant to Company a worldwide,
irrevocable , perpetual, non-exclus ive,
transferabl e, royalty-fre e I icense, with
the right to sublicense, to use, view,
copy, adapt, modify, distribute, license,
sell, transfer, publicly display, publicly
perform, transmit, stream, broadcast and
otherwise exploit such User Content only
on, through or by means of the Service
or Application . Company does not claim
any ownership rights in any User Content
and nothing in this Agreement will be
deemed to restrict any rights that you
may have to use and exploit any User

Content
You acknowled ge and agree that you are
solely responsible for all User Content
that you make available through the
Service or Application . Accordingl y, you
represent and warrant that: (i) you either
are the sole and exclusive owner of all
User Content that you make available
through the Service or Application or you
have all rights, licenses, consents and
releases that are necessary to grant to
Company and to the rights in such User
Content, as contemplat ed under this
Agreement; and (i i) neither the User
Content nor your posting, uploading,
publication , submission or transmittal of
the User Content or Company's use of the
User Content (or any portion thereof) on,
through or by means of the service or
Application will infringe, misapprop riate
or violate a third party's patent,
copyright, trademark, trade secret, moral
rights or other intellectual property
rights. or rights of publicity or privacy,
or result in the violation of any
applicable Jaw or regulation.
APPLICA TION LICENSE

Subject to your compliance with this
Agreement, Company grants you a
limited non-exclus ive, non-transfe rable

license to download and install a copy of
the Application on a single mobile device

or computer that you own or control and
to run such copy of the Application
solely for your own personal use.
Furthermor e, with respect to any
Application accessed through or
downloade d from the Apple App Store
("App Store Sourced Application "), you
will use the App Store Sourced
Application only: (i) on an Apple-bran ded
product that runs iOS (Apple's
proprietary operating system software);
and (ii) as permitted by the "Usage Rules"
set forth in the Apple App Store Terms of
Service. Company reserves all rights in
and to the Application not expressly
granted to you under this Agreement.
ACCESSING AND DOWNLO ADING

THE APPLICAT ION FROM !TUNES
The following applies to any App Store
Sourced Application :
You acknowledg e and agree that (i)
this Agreement is concluded
between you and Company only,
and not Apple, and (i i) Company,
not Apple, is solely responsible for
the APP Store Sourced Application
and content thereof. Your use of
the APP Store Sourced Application
must comply with the App Store
Terms of Service.
You acknowledg e that Apple has no
obligation whatsoeve r to furnish
any maintenanc e and support
services with respect to the App
Store Sourced Application .

In the event of any failure of the
App Store Sourced Application to
conform to any applicable
warranty, you may notify Apple,
and Apple will refund the purchase
price for the App Store Sourced
Application to you and to the
maximum extent permitted by
applicable law, Apple will have no
other warranty obligation
whatsoeve r with respect to the App
Store Sourced Application . As
between Company and Apple, any
other claims, losses, I iabi I ities,
damages, costs or expenses
attributable to any failure to
conform to any warranty wi II be
the sole responsibi lity of Company.
You and Company acknowled ge

that, as between Company and
Apple, Apple is not responsible for
addressing any claims you have or
any claims of any third party
relating to the App Store Sourced
Application or your possession and
use of the App Store Sourced
Application , including, but not
limited to: (i) product liability
claims; (ii) any claim that the App
Store Sourced Application fails to
conform to any applicable legal or
regulatory requiremen t; and (iii)
claims arising under consumer
protection or similar legislation.
You and Company acknowledg e
that, in the event of any third party
claim that the App store sourced
Application or your possession and
use of that App Store Sourced
Application infringes that third
party's intellectual property rights,
as between Company and Apple,
Company, not Apple, will be solely
responsible for the investigatio n,
defense, settlement and discharge
of any such intellectual property
infringeme nt claim to the extent
required by this Agreement.
You and Company acknowled ge

and agree that Apple, and Apple's
subsidiaries, are third party
beneficiarie s of this Agreement as
related to your license of the App
Store Sourced Application , and that,
upon your acceptance of the terms
and conditions of this Agreement,
Apple will have the right (and will
be deemed to have accepted the
right) to enforce this Agreement as
related to your license of the App
Store Sourced Application against
you as a third party beneficiary
thereof.
Without limiting any other terms of

this Agreement, you must comply
with all applicable third party terms
of agreement when using the APP
Store sourced Application .
You shall not (i) I icense, sub! icense, sell,

resell, transfer, assign, distribute or
otherwise commercia lly exploit or make
available to any third party the Service
or the Application in any way; (ii) modify
or make derivative works based upon
the Service or the Application ; (iii) create
Internet "links" to the Service or "frame"
or "mirror" any Application on any other
server or wireless or Internet-ba sed
device; (iv) reverse engineer or access
the Application in order to (a) build a
competitiv e product or service, (b) build
a product using similar ideas, features,
functions or graphics of the Service or
Application , or (c) copy any ideas,
features, functions or graphics of the
Service or Application , or (v) launch an
automated program or script, including,
but not limited to, web spiders, web
crawlers, web robots, web ants, web

indexers, bots, viruses or worms, or any
program which may make multiple
server requests per second, or unduly
burdens or hinders the operation and/or
performanc e of the Service or
Application .
You shall not: (i) send spam or otherwise
duplicative or unsolicited messages in
violation of applicable laws; (ii) send or
store infringing, obscene, threatening,
libelous, or otherwise unlawful or
tortious material, including material
harmful to children or violative of third
party privacy rights; (iii) send or store
material containing software viruses,
worms, Trojan horses or other harmful
computer code, files, scripts, agents or
programs; (iv) interfere with or disrupt
the integrity or performanc e of the
Application or Service or the data
contained therein; or (v) attempt to gain
unauthoriz ed access to the Application or
Service or its related systems or
networks.
Company will have the right to
investigate and prosecute violations of
any of the above to the fullest extent of
the law. Company may involve and
cooperate with law enforceme nt
authorities in prosecuting users who
violate this Agreement. You acknowled ge
that Company has no obligation to
monitor your access to or use of the

Service, Application or Collective Content
or to review or edit any Collective
Content, but has the right to do so for the
purpose of operating the Service and
Application , to ensure your compliance
with this Agreement, or to comply with
applicable law or the order or
requiremen t of a court, administra tive
agency or other governmen tal body.
Company reserves the right, at any time
and without prior notice, to remove or
disable access to any Collective Content
that Company, at its sole discretion,
considers to be in violation of this
Agreement or otherwise harmful to the
Service or Application .
COPYRIG HT POLICY
Company respects copyright law and
expects its users to do the same. It is
Company's policy to terminate in
appropriate circumstances Users or other
account holders who repeatedly infringe
or are believed to be repeatedly
infringing the rights of copyright holders.
Please see Company's Copyright Policy
at https://www.uber .com/l egal/copyr i ght
(/copyright ), for further information .
PAYM ENT TERM S
Any fees that the Company may charge

you for the Application or Service, are
due immediately and are non-refundable .

This no refund policy shall apply at all
times regardless of your decision to
terminate your usage, our decision to
terminate your usage, disruption caused
to our Application or Service either
planned, accidental or intentional, or any
reason whatsoever. The Company
reserves the right to determine final
prevailing pricing- Please note the
pricing information pub I ished on the
website may not reflect the prevailing
pricing.
The Company, at its sole discretion, make
promotional offers with different
features and different rates to any of our
customers. These promotional offers,
unless made to you, shall have no
bearing whatsoever on your offer or
contract. The Company may change the
fees for our Service or Application, as we
deem necessary for our business. we
encourage you to check back at our
website periodically if you are interested
about how we charge for the Service of
Application.
SMS MESSAG ING

If you select this feature, and have SMS
service from one of the supported
carriers (T-Mobile, Verizon Wireless,
AT&T, Sprint, Nextel, Boost, U.S. Cellular,

MetroPCS and Cricket), you can request
pickups via SMS and get notified if you

request pickups through our Applicati ons.
Message and data rates may apply.
You will only receive messages from
Company if you make a pickup request.
If you change your mobile phone service
provider the service may be deactiva ted
and you will need to re-enroll in the
notificati on service. Company reserves
the right to cancel the notificati on service
at any time; you may cancel (opt-out) the
service by texting the word STOP to
827-222 from your mobile phone. For
more informati on, please text the word
HELP to 827-222 , or call 866-576 1039.
INTE LLEC TUAL

PROP ERTY
OWN ERSH IP
The Company alone (and its licensors,
where applicable) shall own all right, title
and interest, including all related
intellectu al property rights, in and to the
Applicati on and the Service and any
suggestions, ideas, enhancement
requests, feedback, recomme ndations or
other informat ion provided by you or
any other party relating to the
Applicati on or the Service. This
Agreeme nt is not a sale and does not
convey to you any rights of ownersh ip in

or related to the Applicati on or the
Service, or any intellectual property
rights owned by the Company. The
Company name, the Company logo, and
the product names associated with the
Applicati on and Service are trademar ks
of the Company or third parties, and no
right or license is granted to use them.
THIR D PART Y
INTE RACT IONS
During use of the Applicati on and
Service, you may enter into
correspo ndence with, purchase goods
and/or services from, or participa te in
promotio ns of third party service
providers , advertise rs or sponsors
showing their goods and/or services
through the Applicati on or Service. Any
such activity, and any terms, condition s,
warrantie s or representations associated
with such activity, is solely between you
and the applicable third-par ty. The
Company and its licensors shall have no
liability, obligatio n or responsi bility for
any such correspondence, purchase,
transacti on or promotio n between you
I
and any such third-par ty. The Company

does not endorse any sites on the
Internet that are linked through the
Service or Applicati on, and in no event
shall the Company or its licensors be
responsi ble for any content, products,
services or other materials on or
available from such sites or third party

providers. The Company provides the
Application and Service to you pursuant
to the terms and conditions of this
Agreement. You recognize, however, that
certain third-party providers of goods
and/or services may require your
agreement to additional or different
terms and conditions prior to your use of
or access to such goods or services, and
the Company disclaims any and all
responsibi lity or liability arising from
such agreements between you and the
third party providers.
The Company may rely on third party
advertising and marketing supplied
through the Application or Service and
other mechanisms to subsidize the
Application or Service. By agreeing to
these terms and conditions you agree to
receive such advertising and marketing.
If you do not want to receive such
advertising you should notify us in
writing. The Company reserves the right
to charge you a higher fee for the Service
or Application should you choose not to
receive these advertising services. This
higher fee, if applicable, will be posted on
the Company's website located at
http://www .uber.com. The Company may
compile and release information
regarding you and your use of the
Application or Service on an anonymou s
basis as part of a custome r profile or

similar report or analysis. You agree that
it is your responsi bility to take
reasonable precautions in all actions and
interactio ns with any third party you
interact with through the Service.
IN DE M N IF I CAT I0 N
By entering into this Agreeme nt and
using the Applicati on or Service, you
agree that you shall defend, indemnif y
and hold the Company, its licensors and
each such party's parent organiza tions,
subsidiaries, affiliates , officers, directors ,
Users, employees, attorneys and agents
harmless from and against any and all
claims, costs, damages, losses, liabilities
and expenses (including attorneys ' fees
and costs) arising out of or in connectio n
with: (a) your violation or breach of any
term of this Agreeme nt or any applicabl e
law or regulation, whether or not
reference d herein; (b) your violation of
any rights of any third party, including
provider s of transpor tation services
arranged via the Service or Applicati on,
or (c) your use or misuse of the
Applicati on or Service.
DISC LAIM ER OF
WAR RANT IES
THE COMPAN Y MAKES NO
REPRES ENTATIO N, WARRA NTY, OR
GUARAN TY AS TO THE RELIABI LITY,

TIMELINES S, QUALITY, SUITABILI TY,
AVAILABI LITY, ACCURAC Y OR
COMPLETE NESS OF THE SERVICE OR
APPLICAT ION. THE COMPANY DOES
NOT REPRESEN T OR WARRANT
THAT (A) THE USE OF THE SERVICE
OR APPLICAT ION WILL BE SECURE,
TIMELY, UN INTERRUP TED OR
ERROR-FR EE OR OPERATE IN
COMBINA TION WITH ANY OTHER
HARDWAR E, APPLICAT ION, SYSTEM
OR DATA, (B) THE SERVICE OR
APPLICAT ION WILL MEET YOUR
REQUIREM ENTS OR EXPECTAT IONS,
(C) ANY STORED DATA WILL BE
ACCURAT E OR RELIABLE , (D) THE
QUALITY OF ANY PRODUCTS ,
SERVICES, INFORMAT ION, OR OTHER
MATERIAL PURCHASE D OR
OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR
REQUIREM ENTS OR EXPECTAT IONS,
(E) ERRORS OR DEFECTS IN THE
SERVICE OR APPLICAT ION WILL BE
CORRECTE D, OR (F) THE SERVICE OR
THE SERVER(S ) THAT MAKE THE
SERVICE AVAILABL E ARE FREE OF
VIRUSES OR OTHER HARMFUL
COMPONE NTS. THE SERVICE AND
APPLICAT ION IS PROVIDED TO YOU
STRICTLY ON AN
11
AS IS" BASIS. ALL
CONDITIO NS, REPRESEN TATIONS

AND WARRANT IES, WHETHER
EXPRESS, IMPLIED, STATUTOR Y OR
OTHERWIS E, INCLUDIN G, WITHOUT

LIMITATIO N, ANY IMPLIED
WARRANT Y OF MERCHAN TABILITY,
FITNESS FOR A PARTICUL AR
PURPOSE, OR NON-INFR INGEMEN T
OF THIRD PARTY RIGHTS, ARE
HEREBY DISCLAIM ED TO THE
MAXIMUM EXTENT PERMITTE D BY
APPLICAB LE LAW BY THE
COMPANY . THE COMPANY MAKES
NO REPRESEN TATION, WARRANT Y,
OR GUARANT Y AS TO THE
RELIABILI TY, SAFETY, TIMELINES S,
QUALITY, SUITABILI TY OR
AVAILABI LITY OF ANY SERVICES,
PRODUCTS OR GOODS OBTAIN ED BY
THIRD PARTIES THROUGH THE USE
OF THE SERVICE OR APPLICAT ION.
YOU ACKNOWL EDGE AND AGREE
THAT THE ENTIRE RISK ARISING OUT
OF YOUR USE OF THE APPLICAT ION
AND SERVICE, AND ANY THIRD
PARTY SERVICES OR PRODUCTS
REMAINS SOLELY WITH YOU, TO THE
MAXIMUM EXTENT PERMITTE D BY
LAW.
INTER NET DELAY S

THE COMPANY 'S SERVICE AND
APPLICAT ION MAY BE SUBJECT TO
LIMITATIO NS, DELAYS, AND OTHER
PROBLEM S INHERENT IN THE USE
OF THE INTERNET AND ELECTRON IC
COMMUNI CATIONS. THE COMPANY
IS NOT RESPONSI BLE FOR ANY

DELAYS, DELIVERY FAILURES, OR
OTHER DAMAGE RESULTING FROM
SUCH PROBLEMS.
LIMITAT ION OF
LIABILIT Y
IN NO EVENT SHALL THE COMPANY
AND/OR ITS LICENSORS BE LIABLE
TO ANYONE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUEN TIAL OR
OTHER DAMAGES OF ANY TYPE OR
KIND (INCLUDING PERSONAL
INJURY, LOSS OF DATA, REVENUE,
PROFITS, USE OR OTHER ECONOMIC
ADVANTAGm .THECOMPA NY
AND/OR ITS LICENSORS SHALL NOT
BE LIABLE FOR ANY LOSS, DAMAGE
OR INJURY WHICH MAY BE
INCURRED BY YOU, INCLUDING BY
NOT LIMITED TO LOSS, DAMAGE OR
INJURY ARISING OUT OF, OR IN ANY
WAY CONNECTED WITH THE
SERVICE OR APPLICATION ,
INCLUDING BUT NOT LIMITED TO
THE USE OR INABILITY TO USE THE
SERVICE OR APPLICATION , ANY
RELIANCE PLACED BY YOU ON THE
COMPLETENE SS, ACCURACY OR
EXISTENCE OF ANY ADVERTISING ,
OR AS A RESULT OF ANY
RELATIONSH IP OR TRANSACTIO N
BETWEEN YOU AND ANY THIRD
PARTY SERVICE PROVIDER,

ADVERTISER OR SPONSOR WHOSE
ADVERTISING APPEARS ON THE
WEBSITE OR IS REFERRED BY THE
SERVICE OR APPLICATION, EVEN IF
THE COMPANY AND/OR ITS
LICENSORS HAVE BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
THE COMPANY MAY INTRODUCE

YOU TO THIRD PARTY
TRANSPORTATION PROVIDERS FOR
THE PURPOSES OF PROVIDING
TRANSPORTATION. WE WILL NOT
ASSESS THE SUITABILITY, LEGALITY
OR ABILITY OF ANY THIRD PARTY
TRANSPORTATION PROVIDERS AND
YOU EXPRESSLY WAIVE AND
RELEASE THE COMPANY FROM ANY
AND ALL ANY LIABILITY, CLAIMS OR
DAMAGES ARISING FROM OR IN ANY
WAY RELATED TO THE THIRD PARTY
TRANSPORTATION PROVIDER. YOU
ACKNOWLEDGE THAT THIRD PARTY
TRANSPORTATION PROVIDERS
PROVIDING TRANSPORTATION
SERVICES REQUESTED THROUGH
UBERX MAY OFFER RIDESHARING OR
PEER"TO-PEER TRANSPORTATION
SERVICES AND MAY NOT BE
PROFESSIONALLY LICENSED OR
PERMITTED. THE COMPANY WILL
NOT BE A PARTY TO DISPUTES,
NEGOTIATIONS OF DISPUTES
BETWEEN YOU AND ANY THIRD

PARTY PROVIDER S. WE CANNOT
AND WILL NOT PLAY ANY ROLE IN
MANAGIN G PAYMENT S BETWEEN
YOU AND THE THIRD PARTY
PROVIDER S. RESPONS IBILITY FOR
THE DECISIONS YOU MAKE
REGARDIN G SERVICES OFFERED VIA
THE APPLICAT ION OR SERVICE
(WITH ALL ITS IMPLICATI ONS) RESTS
SOLELY WITH YOU. WE WILL NOT
ASSESS THE SUITABILI TY, LEGALITY
OR ABILITY OF ANY SUCH THIRD
PARTIES AND YOU EXPRESSL Y
WAIVE AND RELEASE THE COMPANY
FROM ANY AND ALL LIABILITY ,
CLAIMS, CAUSES OF ACTION, OR
DAMAGES ARISING FROM YOUR USE
OF THE APPLICAT ION OR SERVICE,
OR IN ANY WAY RELATED TO THE
THIRD PARTIES INTRODUC ED TO
YOU BY THE APPLICAT ION OR
SERVICE. YOU EXPRESSL Y WAIVE
AND RELEASE ANY AND ALL RIGHTS
AND BENEFITS UNDER SECTION
1542 OF THE CIVIL CODE OF THE
STATE OF CALIFORN IA (OR ANY
ANALOGO US LAW OF ANY OTHER
STATE), WHICH READS AS FOLLOWS :
"A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTIN G THE
RELEASE, WHICH, IF KNOWN BY

HIM, MUST HAVE MATERIAL LY
AFFECTED HIS SETTLEME NT WITH
THE DEBTOR."
THE QUALITY OF THE

TRANSPO RTATION SERVICES
SCHEDULE D THROUGH THE USE OF
THE SERVICE OR APPLICAT ION IS
ENTIRELY THE RESPONS IBILITY OF
THE THIRD PARTY PROVIDER WHO
ULTIMATE LY PROVIDES SUCH
TRANSPO RTATION SERVICES TO
YOU. YOU UNDERST AND,
THEREFOR E, THAT BY USING THE
APPLICAT ION AND THE SERVICE,
YOU MAY BE EXPOSED TO
TRANSPO RTATION THAT IS
POTENTIA LLY DANGERO US,
OFFENSIV E, HARMFUL TO MINORS,
UNSAFE OR OTHERWIS E
OBJECTIO NABLE, AND THAT YOU
USE THE APPLICAT ION AND THE
SERVICE AT YOUR OWN RISK.
NOTIC E
The Company may give notice by means
of a general notice on the Service,
electronic mail to your email address on
record in the Company's account
information , or by written
communica tion sent by first class mail or
pre-paid post to your address on record
in the Company's account information .
Such notice shall be deemed to have been
given upon the expiration of 48 hours
after mailing or posting (if sent by first

class mail or pre-paid post) or 12 hours
after sending (if sent by email). You may
give notice to the Company (such notice
shall be deemed given when received by
the Company) at any time by any of the
following: letter sent by confirmed
facsimile to the Company at the
following fax numbers (whichever is
appropriate): (877) 223-8023; letter
delivered by nationally recognized
overnight delivery service or first class
postage prepaid mail to the Company at
the following addresses (whichever is
appropriate): Uber Technologies, Inc., 182
Howard Street, #8, San Francisco, CA
94105 addressed to the attention of:
Chief Executive Officer.
ASSIGN MENT
This Agreement may not be assigned by
you without the prior written approval of
the Company but may be assigned
without your consent by the Company to
(i) a parent or subsidiary, (ii) an acquirer
of assets, or (iii) a successor by merger.

Any purported assignment in violation of
this section shall be void.
EXPORT CONTRO L
You agree to comply fully with all
u.s.
and foreign export laws and regulations

to ensure that neither the Application nor
any technical data related thereto nor
any direct product thereof is exported or

re-exported directly or indirectly in
violation of, or used for any purposes
prohibited by, such laws and regulations.
By using the APP Store Sourced
Application, you represent and warrant
that: (i) you are not located in a country
that is subject to a
u.s.
Government
embargo, or that has been designated by

the U.S. Government as a "terrorist
supporting" country; and (ii) you are not
listed on any U.S. Government list of
prohibited or restricted parties.
DISPUTE
RESOLU TION
You and Company agree that any dispute,
claim or controversy arising out of or
relating to this Agreement or the breach,
termination, enforcement, interpretation
or validity thereof or the use of the
Service or Application (collectively,
"Disputes") will be settled by binding
arbitration, except that each party retains
the right to bring an individual action in
small claims court and the right to seek
injunctive or other equitable relief in a
court of competent jurisdiction to
prevent the actual or threatened
infringement, misappropriati on or
violation of a party's copyrights,
trademarks, trade secrets, patents or
other intellectual property rights. You
acknowledge and agree that you and
Company are each waiving the right

to a trial by jury or to participate as
a pi aintiff or class User in any
purported class action or
representativ e proceeding. Further,
unless both you and Company otherwise
agree in writing, the arbitrator may not
consolidate more than one person's
claims, and may not otherwise preside
over any form of any class or
representative proceeding. If this specific
paragraph is held unenforceable, then the
entirety of this "Dispute Resolution"
section will be deemed void. Except as
provided in the preceding sentence, this
"Dispute Resolution" section will survive
any termination of this Agreement
Arbitration Rules and Governing Law.
The arbitration will be administered by
the American Arbitration Association
("AAA") in accordance with the
Commercial Arbitration Rules and the
Supplementar y Procedures for Consumer
Related Disputes (the "AAA Rules") then
in effect, except as modified by this
"Dispute Resolution" section. (The AAA
Rules are available at
www.adr.org/a rb_med
(http://www.adr.org/a rb_med) or by
calling the AAA at 1-800-778-78 79.)
The Federal Arbitration Act will govern
the interpretation and enforcement of
this Section.
Arbitration Process. A party who desires

to initiate arbitration must provide the
other party with a written Demand for
Arbitration as specified in the AAA Rules.
(The AAA provides a form Demand for
Arbitration at
www.adr.org/aaa/Sho wPDF?
doc=ADRSTG_004175
(http://www.adr.org/aaa/Sh owPDF?
doc=ADRSTG_004175) and a separate
form for California residents at
www.adr.org/aaa/Sho wPDF?
doc=ADRSTG_O 15822
(http://www.adr.org/aaa/Sh owPDF?
doc=ADRSTG_015822).) The arbitrator
will be either a retired judge or an
attorney licensed to practice law in the
state of California and will be selected by
the parties from the AAA's roster of
consumer dispute arbitrators. If the
parties are unable to agree upon an
arbitrator within seven (7) days of
delivery of the Demand for Arbitration,
then the AAA will appoint the arbitrator
in accordance with the AAA Rules.
Arbitration Location and Procedure.

Unless you and Company otherwise
agree, the arbitration wi II be conducted in
the county where you reside. If your
claim does not exceed $10,000, then the
arbitration wi II be conducted sal ely on
the basis of documents you and
Company submit to the arbitrator, unless
you request a hearing or the arbitrator
determines that a hearing is necessary. If

your claim exceeds $10,000, your right
to a hearing will be determined by the
AAA Rules. subject to the AAA Rules, the
arbitrator will have the discretion to
direct a reasonable exchange of
information by the parties, consistent
with the expedited nature of the
arbitration.
Arbitrator's Decision. The arbitrator will
render an award within the time frame
specified in the AAA Rules. The
arbitrator's decision will include the
essential findings and conclusions upon
which the arbitrator based the award.
Judgment on the arbitration award may
be entered in any court having
jurisdiction thereof. The arbitrator's
award damages must be consistent with
the terms of the "Limitation of Liability"
section above as to the types and the
amounts of damages for which a party
may be held I iable. The arbitrator may
award declaratory or injunctive relief
only in favor of the claimant and only to
the extent necessary to provide rei ief
warranted by the claimant's individual
claim. If you prevail in arbitration you
will be entitled to an award of attorneys'
fees and expenses, to the extent
provided under applicable law. Company
will not seek, and hereby waives all
rights it may have under applicable law
to recover, attorneys' fees and expenses

if it prevails in arbitration.
Fees. Your responsibility to pay any AAA
filing, administrative and arbitrator fees
will be solely as set forth in the AAA
Rules. However, if your claim for
damages does not exceed $75,000,
Company will pay all such fees unless
the arbitrator finds that either the
substance of your claim or the relief
sought in your Demand for Arbitration
was frivolous or was brought for an
improper purpose {as measured by the
standards set forth in Federal Rule of
Civil Procedure 11(b)).
Changes. Notwithstandin g the provisions
of the modification-r elated provisions
above, if Company changes this "Dispute
Resolution" section after the date you
first accepted this Agreement (or
accepted any subsequent changes to this
Agreement), you may reject any such
change by sending us written notice
(including by email to support@uber.com)
within 30 days of the date such change
became effective, as indicated in the
"Last Updated Date" above or in the date
of Company's email to you notifying you
of such change. By rejecting any change,
you are agreeing that you will arbitrate
any Dispute between you and Company
in accordance with the provisions of this
"Dispute Resolution" section as of the
date you first accepted this Agreement

(or accepted any subsequent changes to
this Agreement).
GENE RAL
No joint venture, partnership,
employmen t, or agency relationshi p
exists between you, the Company or any
third party provider as a result of this
Agreement or use of the Service or
Application . If any provision of the
Agreement is held to be invalid or
unenforcea ble, such provision shall be
struck and the remaining provisions shall
be enforced to the fullest extent under
law. The failure of the Company to
enforce any right or provision in this
Agreement shall not constitute a waiver
of such right or provision unless
acknowled ged and agreed to by the
Company in writing. This Agreement
comprises the entire agreement between
you and the Company and supersedes all
prior or contempora neous negotiation s,
discussions or agreements, whether
written or oral, between the parties
regarding the subject matter contained
herein.
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jfish@littler.com
20th Floor
Telephone:
415.433.1940
Facsimile:
415.399.8490
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HINGSON,
Plaintiffs,
v.

[PROPOSED] ORDER GRANTING
DEFENDANT UBER TECHNOLOGIES,
MOTION TO DISMISS
[F.R.C.P. 12(b)(1) and 12(b)(6)]

Defendant.
Date:
Time:
Location:
December 3, 2014
1:00 p.m.
Courtroom: A, 15th Floor

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415.433.1940

DEFS MOTION TO DISMISS
Defendant Uber Technologies, Inc.s Motion to Dismiss came on for hearing on December 3,
2014 at 1:00 p.m. Andrew M. Spurchise of Littler Mendelson, P.C. appeared on behalf of Defendant
Uber Technologies, Inc. Laurence Paradis and Michael Nunez of Disability Rights Advocates
appeared on behalf of Plaintiffs National Federation of the Blind of California and Michael Hingson.
Having considered all of the papers filed by the parties and the oral argument on the motion, the
Court finds as follows:
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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT Defendants Motion to

Dismiss is GRANTED.
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IT IS SO ORDERED.
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DATED: ______________
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___________________________________________
MAGISTRATE JUDGE NATHANAEL COUSINS
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DEFENDANTS NOTICE OF MOTION AND

MOTION TO DISMISS
2.
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DEFS MOTION TO DISMISS

Uber Lawsuit Blind Passengers

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Case3:14-cv-04086-NC Document9 Filed10/22/14 Page1 of 28

JOHN C. FISH, Jr., Bar No. 160620

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

NATIONAL FEDERATION OF THE

Case No. 3:14-cv-04086-NC

Trial Date: None set.

DEFENDANTS NOTICE OF MOTION AND

Case No. 3:14-cv-04086-NC

Case3:14-cv-04086-NC Document9 Filed10/22/14 Page2 of 28

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:

12(b)(1) and (b)(6).

Plaintiffs Michael Hingsons (Hingson) and National Federation of the Blind of

necessary to seek the injunctive relief sought under the ADA.

persons aggrieved with standing to sue under Unruh.

LITTLER MENDELSON, P.C.

DEFENDANTS NOTICE OF MOTION TO

Case No. 3:14-cv-04086-NC

Case3:14-cv-04086-NC Document9 Filed10/22/14 Page3 of 28

accommodation as defined by the ADA.

public accommodation as defined by the ADA.

Dated: October 22, 2014

DEFENDANTS NOTICE OF MOTION TO

Case No. 3:14-cv-04086-NC

Case3:14-cv-04086-NC Document9 Filed10/22/14 Page4 of 28

FACTUAL SUMMARY ......................................................................................................... 2

Defendant Uber Technologies, Inc .............................................................................. 2

The UberX Platform .................................................................................................... 2

UberX, As A TNC, Complies With Requirements Imposed By The

UBERS MOTION TO DISMISS SHOULD BE GRANTED ................................................ 5

Plaintiffs Complaint Should Be Dismissed Pursuant To FRCP 12(b)(1)

Dismissal Of The First Cause Of Action Is Warranted Because

The Second Cause Of Action Must Be Dismissed Because Plaintiffs

Plaintiff Hingson Cannot Meet The Heightened Standing Requirement

The Fourth Cause Of Action For Declaratory Relief Necessarily Fails

The First Cause Of Action For Violation Of The ADA Should Be

The Second And Third Causes Of Action Should Be Dismissed To

Case No. 3:14-cv-04086-NC

Case3:14-cv-04086-NC Document9 Filed10/22/14 Page5 of 28

Adiutori v. Sky Harbor International Airport

Alexander v. Circus Circus Enters., Inc.

Case No. 3:14-cv-04086-NC

Case3:14-cv-04086-NC Document9 Filed10/22/14 Page6 of 28

Case No. 3:14-cv-04086-NC

Case3:14-cv-04086-NC Document9 Filed10/22/14 Page7 of 28

Case No. 3:14-cv-04086-NC

Case3:14-cv-04086-NC Document9 Filed10/22/14 Page8 of 28

Americans with Disabilities Act ............................................................................................ passim

Declaratory Judgment Act, 28 U.S.C.A. 2201 et seq. ................................................................15

Cal. Pub. Util. Code 5360.5 ........................................................................................................18

California Public Utilities Commissions Decision Adopting Rules and Regulations to

Federal Rule of Civil Procedure 12(b)(6) ..................................................................................1, 16

Case No. 3:14-cv-04086-NC

Case3:14-cv-04086-NC Document9 Filed10/22/14 Page9 of 28

MEMORANDUM OF POINTS AND AUTHORITIES

DEFENDANTS MPA ISO MOTION TO

Case No. 3:14-cv-04086-NC

Case3:14-cv-04086-NC Document9 Filed10/22/14 Page10 of 28

Request for Judicial Notice [RJN], Exh. A at 24.)2

Defendant Uber Technologies, Inc.

transportation providers operating cost-efficient, everyday vehicles.3 (Colman Decl., 5.)

The UberX Platform.

Services Agreement (Sublicense Agreement) with Uber Technologies, Inc.s wholly-owned

Case No. 3:14-cv-04086-NC