Non-CMV Deliverer Arbitration Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. IT AFFECTS YOUR RIGHTS. BY ACCEPTING THE AGREEMENT, YOU ACKNOWLEDGE THAT YOU READ IT, UNDERSTAND IT, AND VOLUNTARILY AGREE TO ALL THE TERMS.

This Arbitration Agreement (the "Agreement") is between you ("Driver” or “you”) and Curri Inc. ("Curri"). Driver and Curri may be referred to here individually as a "Party" and together as the "Parties".

1. Arbitration of Disputes. Curri and Driver mutually agree to arbitrate any Covered Claims (as defined below) instead of filing a lawsuit in court. Curri and Driver expressly agree that this Arbitration Provision will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) or, if the FAA does not apply, by the arbitration act of the state where Driver last provided delivery services to Curri. If either party wishes to initiate arbitration, the initiating party must notify the other party in writing within the applicable statute of limitations period.

2. Covered Claims. Except as otherwise provided below in Section 3, this Agreement to arbitrate claims covers all disputes (“Covered Claims”) between the Parties that arise from Driver providing services to or through Curri, including, but not limited to, Driver's provision of delivery services through the Curri Platform, Driver’s use of the Curri Platform (including but not limited to signing up to create an account on the Platform), the creation of a Driver account, any work offered to Driver or the services performed by Driver, how Driver was paid by Curri, the termination of this Agreement or any other agreements between the parties, and the deactivation of Driver's account. Covered Claims include those arising under federal, state, or local law that apply to Driver’s relationship with Curri, including without limitation harassment, discrimination, and/or retaliation claims and claims arising under or related to the Civil Rights Act of 1964 (or its state or local equivalents), Americans with Disabilities Act (or its state or local equivalents), Age Discrimination in Employment Act (or its state or local equivalents), Family Medical Leave Act (or its state or local equivalents), Fair Labor Standards Act (or its state or local equivalents), state and local wage and hour laws (including but not limited to, claims related to misclassification), and state and local statutes or regulations addressing the same or similar subject matters. To be clear, this Agreement does not apply to claims that do not arise out of Driver’s use of the Curri Platform as a provider of delivery services or Driver providing delivery services through Curri, e.g., if Driver becomes a shipper on Curri’s platform in the future, any disputes between the Parties related to packages sent or received by Driver (acting as a shipper) would not be covered.

BY AGREEING TO ARBITRATE DISPUTES BETWEEN THEM AS DESCRIBED HEREIN THE PARTIES TO THIS AGREEMENT AGREE THAT ALL SUCH DISPUTES WILL BE RESOLVED THROUGH BINDING ARBITRATION BEFORE AN ARBITRATOR AND NOT BY WAY OF A COURT OR JURY TRIAL.

3. Claims Not Covered. Driver and Curri agree that the following claims (“Excluded Claims”) are not covered by this Agreement:

• Claims for workers’ compensation benefits, unemployment insurance, or state or federal disability insurance;
• Whistleblower retaliation claims under the Sarbanes-Oxley Act;
• Claims under the National Labor Relations Act, as amended, that fall within the exclusive jurisdiction of the National Labor Relations Board;
• Claims before the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the U.S. Department of Labor, the Occupational Safety and Health Commission, the Securities and Exchange Commission, or any other federal, state, or local administrative agency charged with investigating and/or prosecuting complaints under any applicable federal, state or municipal law or regulation;
• Claims for benefits under a plan that is governed by Employee Retirement Income Security Act of 1974 (“ERISA”); and
• Any other Claim that has been expressly excluded from arbitration by statute, regulation or state law that is not preempted by federal law.

The Parties also retain their rights, pursuant to applicable law, to apply in court for a provisional remedy in connection with a Covered Claim, including a temporary restraining order and/or a preliminary injunction, but only until an arbitrator can be appointed. Also excluded are claims for provisional or injunctive relief if a Party has a substantive right to bring such claim(s) in court on behalf of others as a matter of state law that is not preempted by federal law.

To the extent that the Parties’ dispute involves Covered Claims and Excluded Claims, the Parties agree to bifurcate and stay the Excluded Claims pending resolution of the arbitration proceedings.

4. An arbitrator shall decide all issues arising out of or relating to the interpretation or application of this Agreement, including the enforceability, revocability or validity of this Agreement or any portion of it, except the issue of the availability of class, collective, consolidated, or representative arbitration of claims, which issue shall be reserved to a court.

5. INDIVIDUALIZED ARBITRATION AND CLASS ACTION WAIVER.

All claims in arbitration must be brought on an individual basis. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES WAIVE ANY RIGHT TO PROCEED IN COURT ON A CLASS, COLLECTIVE, OR SIMILAR BASIS. The arbitrator has no authority to consolidate or join more than one person’s claims; may not award relief to, on behalf of, or affecting any person or entity that is not a party to the proceeding.

The Parties intend for this Agreement to extend to the fullest extent possible to claims brought pursuant to the California Private Attorneys General Act, Labor Code § 2698 et seq. (“PAGA”), and any similar state statute. If a claim is pursued under PAGA or a similar statute, it must first be pursued individually in arbitration. The arbitrator may not allow a PAGA claim or similar claim to proceed in arbitration except as to Driver’s individual claim, and any non-individual claim that can proceed in court apart from an individual claim must be stayed while the individual claim proceeds in arbitration.

Any dispute concerning the scope or validity of this Section 5 shall be decided by a court of competent jurisdiction and not the arbitrator.

6. Waiver of Right to Court or Jury Trial. Driver understands that, by agreeing to this Arbitration Provision, both Curri and Driver are giving up any right we may have to a trial by jury and are giving up rights of appeal following the rendering of a decision except as applicable law provides for judicial review of arbitration decisions.

7. Arbitration Procedures. All claims covered by this Agreement will be resolved exclusively by binding arbitration under the FAA, administered by JAMS pursuant to its Comprehensive Arbitration Rules (the “Rules”) which are available at www.jamsadr.com or by asking Curri to provide a copy via an email request sent to legal@curri.com. If JAMS is not available in the arbitration location, the Parties will agree to a remote/virtual arbitration through JAMS or will proceed with arbitration through the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules which are available at www.adr.org.

The arbitration will be held within 100 miles of where the Driver was located when Driver last provided services to Curri. The arbitrator has the authority to issue subpoenas to third parties and to enforce Offers of Judgment as under Rule 68 of the Federal Rules of Civil Procedure. The arbitrator shall apply, and shall not deviate from, the statutes of limitations and substantive law of the state in which the claim(s) arose and/or federal law, as applicable. The arbitrator may award reasonable fees and costs to the prevailing party to the same extent that a court could award them under applicable law. Awards shall include the arbitrator’s written reasoned opinion including the arbitrator’s essential findings and conclusions on which the award is based.

8. Severability: In the event that any provision of this Agreement or Rules are found to be unenforceable, any such language shall be severed or modified to the narrowest extent possible and the remainder of the Agreement shall not be affected. If any part or provision in Section 5 is determined to be unenforceable by a judge, then the offending provision may be severed to the narrowest extent possible with only those claims or request for relief proceeding in court, and that judicial action shall be stayed pending arbitration of the individual claims of the Party seeking relief. Neither a judge nor arbitrator has the power to override the Parties’ express agreement that any claims in arbitration can only proceed individually.

9. Right To Consult With An Attorney: Driver has the right to consult with private counsel of Driver's choice, at Driver's own expense, with respect to any aspect of, or any claim that may be subject to this Agreement.

10. Entire Agreement: This Agreement constitutes the sole and entire agreement between the Parties regarding the subject matters of this Agreement and supersedes all prior arbitration agreements between the Parties to the extent permitted under applicable law. By activating Driver’s account, or maintaining Driver’s account in active status, on the Curri Platform, Curri has agreed to and accepted this Agreement.

By entering into this Agreement, the Parties knowingly and voluntarily waive the right to file a lawsuit against each other or proceed in front of a judge or jury, except as described above.

In addition to any other means by which Driver may reasonably manifest their acceptance, by checking the applicable checkbox indicating acceptance when creating a User account for the Platform (or when acknowledging and accepting Curri’s updated terms, as applicable), Driver is entering into and accepting this Agreement.