- The second, third and fourth paragraphs of Section II are inapplicable to Columbia Evening Shuttle rides;
- Via acknowledges that Evening Shuttle riders are not agents of companies, entities or organizations subject to Section III’s paragraph entitled “Agent of a Company, Entity, or Organization”;
- The provisions of Section V (other than the Cleaning/Damage fees provision) shall not apply to any Columbia Evening Shuttle rides;
- The language of Section XIV from the beginning through the end of the first sentence under “A. Disclaimer of Warranties” is inapplicable to Columbia Evening Shuttle rides;
- Section XIV (B) shall be replaced with the following:
B. LIMITATION OF LIABILITY.
A. INDIRECT DAMAGES. IN NO EVENT SHALL EVENING SHUTTLE RIDERS OR VIA BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR OTHER SIMILAR DAMAGES ARISING UNDER THIS AGREEMENT, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY (OR THEIR AGENTS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. DIRECT DAMAGES. THE AGGREGATE AMOUNT OF ONE PARTY’S LIABILITY TO THE OTHER FOR ANY INDIVIDUAL CLAIM, INCIDENT, OR EVENT ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT PROVABLE DAMAGES AND SHALL NOT EXCEED THE HIGHER OF: (I) ONE MILLION DOLLARS ($1,000,000) AND (II) FIVE TIMES THE TOTAL AMOUNT PAID OR PAYABLE BY COLUMBIA TO VIA UNDER THIS AGREEMENT.
C. NOTWITHSTANDING ANYTHING SET FORTH HEREIN , IN THE EVENT OF A CLAIM ARISING FROM THE ACTIONS OF AN INDEPENDENT CONTRACTOR DRIVER PARTNER ON THE VIA PLATFORM, VIA’S LIABILITY FOR SUCH CLAIM SHALL BE LIMITED TO THE HIGHER OF (I) THE LIMITS OF ANY OF VIA’S INSURANCE POLICIES THAT ARE APPLICABLE TO SUCH CLAIM AS SET FORTH IN THE AGREEMENT WITH COLUMBIA TO PROVIDE THIS EVENING SHUTTLE SERVICE AND (II) TWO TIMES (2X) THE TOTAL AMOUNT PAID OR PAYABLE BY COLUMBIA TO VIA TO PROVIDE THIS EVENING SHUTTLE SERVICE.