Disclaimers; Limitation of Liability; and Indemnity
Disclaimers.
THE TRANSPORTATION SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CENTRAL MISSOURI FOSTER CARE & ADOPTION ASSOCIATIONDISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, CENTRAL MISSOURI FOSTER CARE & ADOPTION ASSOCIATION MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE TRANSPORTATION SERVICES OR THAT THE TRANSPORTATION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
CENTRAL MISSOURI FOSTER CARE & ADOPTION ASSOCIATION DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE TRANSPORTATION SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
CENTRAL MISSOURI FOSTER CARE & ADOPTION ASSOCIATION DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY PROVIDERS OF THE TRANSPORTATION SERVICES. THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF CENTRAL MISSOURI FOSTER CARE & ADOPTION ASSOCIATION. IF A DISPUTE ARISES BETWEEN YOU AND OR ANY OTHER THIRD PARTY, YOU RELEASE CENTRAL MISSOURI FOSTER CARE & ADOPTION ASSOCIATION FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Limitation of Liability.
CENTRAL MISSOURI FOSTER CARE & ADOPTION ASSOCIATION SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE TRANSPORTATION SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF CENTRAL MISSOURI FOSTER CARE & ADOPTION ASSOCIATION, EVEN IF CENTRAL MISSOURI FOSTER CARE & ADOPTION ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CENTRAL MISSOURI FOSTER CARE & ADOPTION ASSOCIATION SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE TRANSPORTATION SERVICES OR YOUR INABILITY TO ACCESS OR USE THE TRANSPORTATION SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF CENTRAL MISSOURI FOSTER CARE & ADOPTION ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CENTRAL MISSOURI FOSTER CARE & ADOPTION ASSOCIATION SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CENTRAL MISSOURI FOSTER CARE & ADOPTION ASSOCIATION’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF UBER.
THE TRANSPORTATION SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT CENTRAL MISSOURI FOSTER CARE & ADOPTION ASSOCIATIONHAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO OR NOT PROVIDED TO YOU BY THIRD-PARTY PROVIDERS.
CENTRAL MISSOURI FOSTER CARE & ADOPTION ASSOCIATION SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF LACK OF OR IMPROPER INSTALLATION OR USE OF CHILD RESTRAINT SYSTEMS FOR GUESTS ON RIDES REQUESTED THROUGH THE TRANSPORTATION SERVICES FOR WHOM A CHILD RESTRAINT SYSTEM IS LEGALLY REQUIRED.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, UBER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnity.
By using the Transportation Services, you agree to indemnify and hold Central Missouri Foster Care & Adoption Association and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Transportation Services or services obtained through your use of the Transportation Services; (ii) your breach or violation of any of these terms and conditions; or (iii) or (iv) your violation of the rights of any third party, including Third-Party Providers.
Effective March 2024
