O'Connor et al v. Uber Technologies, Inc. et al

Filing 111

ORDER Re 109 Defendant's Corrective Notices. Signed by Judge Edward M. Chen on 6/18/2014. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit). (emcsec, COURT STAFF) (Filed on 6/18/2014)

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IMPORTANT NOTICE: PLEASE READ The purpose of this Notice is to inform you that revised versions of Uber’s “Software License and Online Services Agreement” and “Driver Addendum Related to Uber Services” will be issued to you for your review in a few days. (When referred to together, these documents are referred to as the “Licensing Agreement.”) Transportation Companies: If you are a Transportation Company that has contracted directly with Uber for the purpose of accessing and using Uber software to increase your transportation business, you will be required to accept the revised version of the “Software License and Online Services Agreement” to continue using Uber Services and Software. Drivers: If you are a driver with a contractual agreement with a Transportation Company, you will be required to accept a revised version of the “Driver Addendum Related to Uber Services” as a condition of receiving trip requests using the Uber software. You should be aware that, by entering into the “Driver Addendum Related to Uber Services,” you will also be agreeing to be bound by the Software License and Online Services Agreement between Uber and the Transportation Company with which you are under contract, as that agreement is incorporated by reference into the addendum. Important Information You Should Consider Before Accepting The New Licensing Agreement Your current version of the Licensing Agreement may have contained an arbitration provision, under which both you and Uber agreed to resolve disputes that may arise through final and binding arbitration on an individual basis, and not by way of litigation in state or federal court, and not on any class, collective, or representative basis. Because some persons have claimed that they may not have fully understood the consequences of agreeing to the arbitration provision and that the procedure for opting out of the arbitration provision was too burdensome, Uber will soon issue a new Licensing Agreement to provide further opportunity for you to consider whether you wish to resolve disputes with Uber through arbitration or not. Uber is providing this Notice to provide you with further information about the consequences of agreeing to arbitration. As you make your decision, here are some important things for you to consider: • Arbitration does not limit or affect the legal claims you may bring against Uber. Agreeing to arbitration will only affect where those 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 agreed upon in the arbitration agreement itself. The other rules and procedures for arbitration are also determined by the parties’ arbitration agreement. • 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 Uber. • The arbitration agreement that will soon be presented to you will require you to resolve any claim that you may have against Uber on an individual basis unless you choose to opt out of the arbitration agreement. As set forth in that agreement, you will be able to opt-out by notifying Uber in writing by U.S. Mail, by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.), or by electronic mail sent to optout@uber.com. You will be precluded from bringing any class, collective, or representative action against Uber, unless you opt out, and you will also be precluded from participating in any recovery resulting from any class, collective, or representative action brought by someone else. o o 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 Uber, 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. o • IMPORTANT: THERE ARE NOW, AND MAY BE IN THE FUTURE, LAWSUITS AGAINST UBER ALLEGING 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 13-03826-EMC (NORTHERN DISTRICT OF CALIFORNIA). The contact information for the plaintiffs' counsel in the O’Connor matter is as follows: Shannon Liss-Riordan, Lichten & Liss-Riordan, P.C., 100 Cambridge Street, 20th Floor, Boston, MA 02114, Telephone: (617) 994-5800, Fax: (617) 994-5801, email: sliss@llrlaw.com). However, as discussed above, if you agree to arbitration, you will not be precluded from bringing your claims against Uber in an 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 TAKE CARE TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.

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