The Warmth of the "Sharing Community" vs Lyft & Sidecar's Terms of Service

Photo of the aftermath of an uninsured vehicle hitting a motorcycle on Lombard Street.

When people sign up to either drive for or ride with Lyft or Sidecar, they need to download an app. In order to download the apps they need to click a box saying that they agree with the companies' terms. Most people never bother to read the terms (or contracts) to which they are agreeing, and I used to be the same. Any time I needed to agree to anything to download something, I just naturally clicked "yes." 

Lyft  & Sidecar are counting on us to act this way. The terms of both these companies print out to over twenty pages of 12pt type and would be almost impossible to make sense of on a smart phone. Before I wrote 100,000 Uninsured Rides and Counting: Undercover at Lyft and Sidecar, it was very difficult to even find the terms on their websites because they were buried in obscure places. The terms can now be found on the front pages of both sites – near the bottom in very small print.

After coming into contact with Lyft and Sidecar, I now print out whatever terms I may be interested in and read them thoroughly before I agree to anything. I'd like to thank CEO's John Zimmer and Sunil Paul for correcting my overly optimistic views on the natural goodness of human nature. I'm sure my new found skepticism will serve me well in the future.

By way of contrast with a legitimate business; When I signed up to drive for Desoto Cab, Operations Manager Greg Cochran and I went over the contract together, and we both signed off on every clause.

For those of you – especially those of you who ride with, or drive for, one of these illegal taxi services – I'm providing you links to the contracts that you've signed so that you can read them (probably) for the first time. If you haven't, I strongly advise you to do so.

Lyft's Terms

Sidcar's Terms of Service

But before doing so you might want to glance at a recent post about a female Lyft customer who has been stalked by a Lyft driver. To be fair, I should point out that no background check is likely to turn up the fact that somebody is a creep since being a creep isn't illegal - at least not within limits.

However, if a woman would run into the similar behavior in a legal taxicab, she would be able to call both the cab company and 311 in San Francisco, and expect some action to be taken on her behalf. At Lyft & Sidecar, one can expect no help whatsoever.

(To read some highlights from the agreement you may have signed, click below.)


A few highlight from Lyft's Terms:

(The capitalization is Lyft's. The underlining is mine.)

"LYFT DOES NOT PROVIDE TRANSPORTATION SERVICES, AND LYFT IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER OR VEHICLE OPERATOR TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE LYFT PLATFORM, AND IT IS UP THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE LYFT PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH THE LYFT PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. LYFT OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND RIDERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY RIDER BY ANY DRIVER USING THE LYFT PLATFORM."       

"You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Service, including:

1. Your breach of this Agreement or the documents it incorporates by reference; or
2. Your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of Your own interaction with such third party,
3. any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
4. Your ownership, use or operation of a motor vehicle or passenger vehicle, including Your provision of rides to Riders; and/or
5. any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person."                         

"WE DO NOT SCREEN THE PARTICIPANTS USING THE SERVICES IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF LYFT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF LYFT OR THE SERVICES, OR INTRODUCED TO YOU VIA LYFT OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT. "

"LYFT HAS NO RESPONSIBILITY WHATSOEVER FOR THE ACTIONS OR CONDUCT OF DRIVERS OR RIDERS. LYFT HAS NO OBLIGATION TO INTERVENE IN OR BE INVOLVED IN ANY WAY IN DISPUTES THAT MAY ARISE BETWEEN DRIVERS, RIDERS, OR THIRD PARTIES. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING PROVIDING OR ACCEPTING TRANSPORTATION REST SOLELY WITH YOU. IT IS EACH RIDER AND DRIVER’S RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH ANY PARTY THEY MAY INTERACT WITH THROUGH USE OF THE SERVICES. LYFT MAY BUT HAS NO RESPONSIBILITY TO SCREEN OR OTHERWISE EVALUATE POTENTIAL RIDERS OR USERS. USERS UNDERSTAND AND ACCEPT THAT LYFT HAS NO CONTROL OVER THE IDENTITY OR ACTIONS OF THE RIDERS AND DRIVERS, AND LYFT REQUESTS THAT USERS EXERCISE CAUTION AND GOOD JUDGMENT WHEN USING THE SERVICES. DRIVERS AND RIDERS USE THE SERVICES AT THEIR OWN RISK."

"In the event that You have a dispute with one or more Users, You agree to release Lyft (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Lyft Platform or the Services. If You are a California resident, You waive California Civil Code Section 1542, which says: "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 executing the release, which, if known by him must have materially affected his settlement with the debtor."

A Few Highlights from Sidecar's Terms of Service           

"THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN A USER AND SIDECAR, RATHER THAN JURY TRIALS OR CLASS ACTIONS."

"Passenger, at Passenger’s sole and voluntary discretion, may request and accept a ride offer from a Driver through the Sidecar Service. Passenger understands that each Driver (not Sidecar or its affiliates) bears sole and absolute responsibility for all aspects of a ride, including safety, driving practices, conduct, as well as securing all required licenses, insurance, and registrations, and compliance with all applicable federal, state and local laws, rules, and regulations....By accepting a ride with a Driver, Passenger agrees to comply with Sidecar’s . Passenger acknowledges that Driver is solely responsible for all aspects of a ride, including safety, punctuality, vehicle cleanliness, and conduct. Except as expressly provided otherwise herein, Passenger agrees to look to the Driver, and not to Sidecar, for any complaint, claim, or other issue that Passenger may have in connection with a ride; ..."

"DISPUTES WITH DRIVERS OR OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH DRIVERS OR OTHER SIDECAR USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR AND FACILIATE THE RESOLUTION OF DISPUTES BETWEEN YOU AND OTHER USERS. SIDECAR SHALL HAVE NO LIABILITY FOR YOUR INTERACTIONS WITH OTHER USERS, OR FOR ITS OR ANY USER’S ACTION OR INACTION."

 "Driver, at Driver’s sole and voluntary discretion, may agree to accept a request and provide rideshare qualifying transport to a Passenger through the Service. Driver acknowledges and agrees that Driver bears sole and absolute responsibility for all aspects of a ride, including safety, securing all appropriate licenses, insurance, and required registrations, as well as compliance with all applicable federal, state and local laws, rules, and regulations....Driver agrees to look to the Passenger, and not to Sidecar, for any complaint, claim, injury, or other issue that Driver may have in connection with a ride."

"Disputes with PASSENGERS OR OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH PASSENGERS OR OTHER SIDECAR USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. SIDECAR SHALL HAVE NO LIABILITY FOR YOUR INTERACTIONS WITH OTHER USERS, OR FOR ANY USER’S ACTION OR INACTION."

"No Warranty OR Guarantee Provided as to Driver or Passenger Safety

Sidecar has taken commercially reasonable steps to collect information from its Drivers, including proof of automobile registration and insurance, and has used commercially reasonable efforts to conduct Driver background checks. This however, is not to be deemed a warranty or guarantee, either express or implied, for the safety of a ride, the reliability of a Driver, a ride or the Driver’s vehicle, or for anything else, and Sidecar expressly disclaims all warranties as to its Drivers and Passengers. You should take all reasonable steps in determining whether to accept a ride from Driver or give a ride to a Passenger.

In no event will Sidecar be responsible for any damages (including personal injury, death, property damage, lost time or wages, etc.) Resulting from or related to a ride facilitated by the Service, or for resolving any disputes between you and another user. You hereby agree that your use of the Service is at your sole risk.

"SIDECAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY RIDE YOU REQUEST OR PROVIDE THROUGH THE SIDECAR SERVICE, NOR DOES SIDECAR WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PROPERTY DAMAGE, INCLUDING TO YOUR VEHICLE, PERSONAL INJURY, UP TO AND INCLUDING DEATH, THAT OCCURS AS A RESULT OF THE RIDE OR YOUR USE OF THE SERVICE."

"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIDECAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE (INCLUDING RIDES FACILITATED BY THE SERVICE); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY"

Have a nice ride. Take a cab.