Terms and Conditions of Use

Last updated: June 2026

Pavas Global — Website Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE

Effective Date: ____________, 2026

Last Reviewed: ____________, 2026

IMPORTANT — PLEASE READ CAREFULLY

These Website Terms and Conditions of Use (these “Terms”) constitute a legally binding agreement between you (“you” or “user”) and Pavas Holding LLC, an Illinois limited liability company doing business as Pavas Global (“Pavas”, “Company”, “we”, “us”, or “our”), and govern your access to and use of the websites located at pavasholding.com and pavas.pavasholding.com, together with any subdomains, mobile-optimized versions, application portals, embedded forms, e-mail and SMS communications, social-media pages, and any other online property owned, operated, or controlled by Pavas (collectively, the “Site”).

BY ACCESSING, BROWSING, OR OTHERWISE USING THE SITE — INCLUDING WITHOUT LIMITATION VIEWING ANY PAGE, COMPLETING OR SUBMITTING ANY FORM, REQUESTING INFORMATION, REGISTERING FOR OR ENROLLING IN ANY SERVICE, OR OTHERWISE INTERACTING WITH ANY FEATURE OF THE SITE — YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AGREE TO BE BOUND BY THEM, AND REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO DO SO. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT ACCESS OR USE THE SITE.

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS-ACTION WAIVER (SECTION 22) THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

These Terms incorporate by reference our Privacy Policy, our SMS / text-messaging terms, our cookie disclosures, our Driver Application Terms and Conditions, and any other notices, policies, or supplemental terms posted on the Site or provided to you by Pavas in connection with any Site feature (collectively, the “Supplemental Terms”). In the event of a conflict between these Terms and any Supplemental Terms, the Supplemental Terms shall control with respect to the specific subject matter they address.

1. Definitions

“Content” means all text, images, photographs, videos, audio, illustrations, graphics, logos, marks, designs, layouts, code, software, data, scripts, documents, downloads, and any other material made available on or through the Site.

“Driver Portal” means the application portal located at pavas.pavasholding.com and any successor URL, through which prospective drivers and contractors may submit applications and information to Pavas.

“Submission” means any information, communication, document, image, file, or other content that you provide, upload, post, transmit, or otherwise make available to Pavas through the Site, including without limitation through forms, application screens, e-mails, SMS messages, chat features, or telephone calls placed to numbers listed on the Site.

“Services” means the various business offerings described on the Site, including without limitation truck rental and leasing, equipment sales, fuel-discount programs, parts and maintenance access, dispatch services, logistics services, and driver-recruiting services. The Services are governed by separate written agreements; the Site itself is not a Service.

2. Nature of the Site; No Offer of Transportation to the Public

The Site is an informational and recruiting platform. Its purpose is to describe Pavas, identify business and career opportunities associated with Pavas and its affiliates, allow prospective drivers and contractors to submit applications, and permit visitors to request additional information.

PAVAS DOES NOT, THROUGH THIS SITE, HOLD ITSELF OUT TO THE GENERAL PUBLIC AS A FOR-HIRE MOTOR CARRIER, FREIGHT BROKER, FREIGHT FORWARDER, OR TRANSPORTATION INTERMEDIARY, AND THE SITE IS NOT AN OFFER TO TRANSPORT PROPERTY OR PASSENGERS, NOR AN OFFER TO ARRANGE FOR THE TRANSPORTATION OF PROPERTY OR PASSENGERS, FOR ANY MEMBER OF THE PUBLIC.

Any transportation, logistics, leasing, or other commercial relationship between Pavas (or any of its affiliates) and any shipper, broker, owner-operator, lessee, or other counterparty is governed exclusively by a separate written agreement executed by an authorized officer of the applicable Pavas entity. Nothing on the Site — including any rate reference, equipment description, service description, testimonial, photograph, video, or other Content — constitutes an offer, rate quotation, tariff, contract, or guarantee of any kind, and no contract may be formed by your use of, or reliance on, the Site.

3. Eligibility

The Site is intended for use by adults located in the United States. By accessing or using the Site you represent and warrant that: (a) you are at least eighteen (18) years of age, or such greater age as is required to form a binding contract under the laws of the jurisdiction in which you reside; (b) you have the legal capacity and authority to enter into these Terms, both individually and, if you are using the Site on behalf of an entity, on behalf of that entity; (c) you are not barred from using the Site under any applicable U.S. or other law; and (d) your use of the Site will at all times comply with these Terms and all applicable laws, regulations, and rules.

Pavas reserves the right, in its sole discretion, to refuse access to the Site to any person, and to restrict or terminate any user’s access to the Site at any time, with or without cause and with or without notice.

4. Limited License to Use the Site

Subject to your continuous compliance with these Terms, Pavas grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Site and the Content, in each case solely for your own lawful, non-commercial, informational use, or, where applicable, for the legitimate internal business purpose of evaluating a potential commercial or contractor relationship with Pavas. No other right or license, by implication, estoppel, or otherwise, is granted to you. All rights not expressly granted are reserved by Pavas and its licensors.

5. Acceptable Use; Prohibited Conduct

You agree not to, and not to attempt to, directly or indirectly:

1. use the Site or any Content for any unlawful purpose, or in any manner that violates any applicable federal, state, local, or international law or regulation, including without limitation the Federal Motor Carrier Safety Regulations, the Telephone Consumer Protection Act (“TCPA”), the CAN-SPAM Act, the Fair Credit Reporting Act, the Driver’s Privacy Protection Act, the Computer Fraud and Abuse Act, and applicable state consumer-protection and privacy statutes;

2. submit any application, form, or Submission containing information that is false, fraudulent, misleading, incomplete, or that you are not authorized to provide, or to impersonate any person or entity or misrepresent your affiliation with any person or entity;

3. harvest, scrape, copy, mirror, frame, deep-link to, mass-download, index, cache, or otherwise extract or collect any portion of the Site, the Content, or any information about other users, by any automated means or otherwise, except by general-purpose search engines using publicly published robots-exclusion conventions and only to the extent permitted by such conventions;

4. introduce any virus, trojan horse, worm, logic bomb, time bomb, ransomware, key-logger, or other malicious or harmful code, file, or program; circumvent, disable, interfere with, or otherwise attempt to defeat any security feature or access control of the Site; probe, scan, penetration-test, or otherwise test the vulnerability of any Pavas system, account, or network;

5. use the Site to send any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or use the Site to harass, abuse, threaten, defame, stalk, or harm any other person;

6. use the Site or any Content to develop, train, fine-tune, or evaluate any artificial-intelligence, machine-learning, or large-language model, or to compile any database or dataset, except with the prior express written consent of Pavas;

7. remove, alter, obscure, or fail to reproduce any copyright, trademark, service-mark, or other proprietary notice or marking that appears on the Site or in the Content;

8. reverse engineer, decompile, disassemble, attempt to derive the source code of, or create derivative works from, any software made available on or through the Site, except to the limited extent that applicable law expressly prohibits such restriction;

9. use the Site in any manner that imposes an unreasonable or disproportionately large load on Pavas’s infrastructure, or that interferes with or disrupts the proper functioning of the Site for other users; or

10. encourage, enable, or assist any third party to do any of the foregoing.

Pavas reserves the right (but is not obligated) to investigate any suspected violation of these Terms, to cooperate with law-enforcement authorities, and to pursue any and all available legal and equitable remedies, including without limitation injunctive relief, damages, and recovery of attorneys’ fees and costs.

6. Forms, Applications, and User Submissions

6.1 Submissions Generally

Various pages of the Site invite you to submit information to Pavas — including “Contact Us,” “Apply Now,” “Call a Recruiter,” newsletter sign-up, SMS opt-in, and the Driver Portal application. By making any Submission you represent and warrant that: (a) the Submission is true, accurate, complete, and current; (b) you are the lawful owner of, or otherwise have the necessary rights, consents, and authorizations to provide, the Submission; (c) the Submission does not violate any law, contract, or third-party right (including any privacy, publicity, or intellectual-property right); and (d) the Submission does not contain any sensitive personal information of any other person that you are not legally entitled to disclose to Pavas.

6.2 License to Pavas

Except for personal information governed by the Privacy Policy and applicable law, you grant Pavas a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, store, modify, adapt, translate, create derivative works of, distribute, transmit, publicly display, and publicly perform any Submission, in any form or medium, for any lawful business purpose of Pavas, including evaluating your application, providing the Services, marketing, recordkeeping, regulatory reporting, and improving the Site. Where consistent with applicable law, Pavas treats Submissions, in whole or in part, as the property of Pavas as further described in the Driver Application Terms and Conditions.

6.3 No Confidentiality of Voluntary Submissions

Unless Pavas has expressly agreed in writing to treat a Submission as confidential, you acknowledge that Submissions are not made in confidence and that Pavas has no duty of confidentiality, trust, or fiduciary obligation with respect to any Submission. Do not send Pavas any unsolicited ideas, business proposals, inventions, designs, manuscripts, or other creative materials. Any such unsolicited Submission may be used by Pavas without restriction or compensation to you.

6.4 No Sensitive Information by E-mail or Form

Do not transmit Social Security numbers, full driver’s-license images, payment-card information, financial-account credentials, biometric identifiers, or precise health information to Pavas through unencrypted e-mail, contact forms, SMS, or social-media direct messages. Pavas will request such information, where required, only through secure channels associated with the Driver Portal or other purpose-built systems, and only with your authorization.

6.5 Background Reports and Driver Application

If you submit a driver application or otherwise indicate interest in a driver, contractor, or operator role, your interaction with Pavas will additionally be governed by the Driver Application Terms and Conditions, the FCRA “Summary of Rights,” the FMCSA Pre-Employment Screening Program (PSP) disclosure and authorization, and any state-specific notices, each as posted on the Site or provided to you separately. Those documents control with respect to consumer-report procurement, investigative consumer reports, and related authorizations, and are incorporated into these Terms by reference.

7. Information Accuracy; No Reliance

Pavas makes commercially reasonable efforts to keep Site information current, but the Site is provided for general informational purposes only. Photographs, videos, model-year references, equipment lists, freight-network references, partner logos, testimonials, earnings illustrations, and similar Content are illustrative and may not reflect current availability, specifications, terms, or results. Earnings or income figures, where shown, are not guarantees, projections, or representations of any individual driver’s actual or expected compensation; individual results vary based on numerous factors, many of which are outside Pavas’s control.

Pavas reserves the right to modify, correct, supplement, suspend, or remove any Content on the Site at any time, with or without notice. Pavas does not warrant that the Site, the Content, or any Service description is accurate, complete, current, error-free, uninterrupted, or fit for any particular purpose, and you should not rely on the Site for, and the Site does not constitute, legal, tax, financial, regulatory, employment, safety, or other professional advice.

8. Intellectual Property; Trademarks

The Site, including the look-and-feel, the arrangement and selection of Content, the underlying source and object code, all text, photography, video, illustrations, designs, logos, and trade dress, is owned by Pavas or its licensors and is protected by United States and international copyright, trademark, trade-dress, patent, and other intellectual-property laws. The marks PAVAS, PAVAS GLOBAL, PAVAS HOLDING, the Pavas logo, and any associated taglines, slogans, and product or service names are trademarks of Pavas. All other names, logos, product and service names, designs, and slogans appearing on the Site are the trademarks of their respective owners and are used for identification and reference purposes only. Use of any such mark on the Site does not imply endorsement of, sponsorship by, or affiliation with the mark’s owner. Nothing on the Site is to be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the prior written permission of its owner.

Except for the limited license expressly granted in Section 4, you may not copy, reproduce, republish, upload, post, transmit, distribute, sell, license, lease, broadcast, modify, publicly display, publicly perform, frame, mirror, or create derivative works from any portion of the Site or the Content, in whole or in part, in any medium, by any means, without the prior express written consent of Pavas.

9. Privacy

Your privacy is important to Pavas. Our Privacy Policy, available at pavasholding.com/privacy-policy and incorporated by reference, describes the categories of personal information we collect, the purposes for which we collect and use it, the categories of recipients with whom we share it, and the rights and choices available to you. By using the Site you acknowledge that you have read and understood the Privacy Policy and consent to the collection, use, and disclosure of your personal information as described therein. Where applicable, the Privacy Policy further describes rights and remedies available to California residents under the California Consumer Privacy Act and California Privacy Rights Act, and to residents of other states with comprehensive privacy laws.

10. Consent to Electronic Communications

When you provide an e-mail address, telephone number, or other electronic-contact information to Pavas through the Site, you consent to receive communications from Pavas in electronic form, including by e-mail, SMS, push notification, in-application message, or telephone, in connection with your use of the Site, your application, your business relationship with Pavas, and applicable legal notices. You agree that any such electronic communication satisfies any legal requirement that the communication be in writing. You may withdraw consent for non-essential communications as described in Sections 11 and 12, but you may not be able to use certain features of the Site if you do so.

11. SMS and Text-Message Program

11.1 Opt-In and Express Consent

When you check an SMS opt-in box, submit an application that contains an SMS-consent disclosure, or otherwise affirmatively elect to receive text messages from Pavas, you provide your prior express written consent under the Telephone Consumer Protection Act, 47 U.S.C. § 227, and its implementing regulations, to be contacted by Pavas and its agents and service providers at the mobile number you provide, including by use of an automatic telephone dialing system, a pre-recorded or artificial voice, or both. Consent is not a condition of any purchase, employment, or contractor engagement.

11.2 Message Frequency; Charges

Message frequency varies based on your interactions with Pavas. Typical recurring marketing programs send approximately two to four messages per month; transactional or recruiter-initiated messages may be more frequent. Message-and-data rates may apply. Pavas does not charge for the messages themselves, but your wireless carrier may charge for messages sent or received. Consult your carrier’s plan for details. Pavas is not responsible for any charges imposed by your carrier.

11.3 Opt-Out (STOP)

You may cancel SMS messages from Pavas at any time by replying “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT” to any text message you receive from Pavas. After you send the opt-out message, Pavas will send you a confirmation message and you will no longer receive marketing or recurring SMS from Pavas. To re-subscribe, you must opt in again as described in Section 11.1. You may also opt out by e-mailing marketing@pavasholding.com or calling (708) 234-1111.

11.4 Help (HELP)

Reply “HELP” to any Pavas SMS, or contact marketing@pavasholding.com or (708) 234-1111, for support, program details, or assistance.

11.5 Carrier Disclaimer

Carriers, including AT&T, T-Mobile, Verizon Wireless, U.S. Cellular, and others, are not liable for delayed or undelivered messages. SMS service is provided on an as-available basis and may be subject to interruptions, delays, and errors caused by factors outside Pavas’s control.

11.6 Limited Sharing of Mobile Data

Pavas does not sell, rent, or share your mobile telephone number or SMS opt-in data with third parties or affiliates for those parties’ own marketing purposes. Pavas may share such information with service providers who support Pavas’s SMS program (for example, our SMS gateway, CRM, and recruiting platforms), in each case under written confidentiality and use restrictions, and as otherwise required by law.

12. E-Mail Marketing; Other Marketing Channels

If you opt in to receive marketing e-mails, newsletters, or other commercial e-mail communications from Pavas, Pavas will manage those communications in accordance with the CAN-SPAM Act of 2003 and any applicable state laws. Every commercial marketing e-mail will contain a clear “unsubscribe” link and a valid postal address. To opt out of marketing e-mails, click the unsubscribe link in any marketing e-mail or e-mail us at marketing@pavasholding.com. You may continue to receive transactional, application-related, recruiter-initiated, and legally required communications even after you opt out of marketing communications.

If you interact with Pavas on social media (including Instagram, Facebook, LinkedIn, X, YouTube, and any other platform), the operators of those platforms separately collect and use your information in accordance with their own terms and policies. Pavas does not control, and is not responsible for, the practices of those operators.

13. Cookies, Analytics, and Online Advertising

The Site uses cookies, pixels, web beacons, software development kits, server logs, and similar tracking technologies (collectively, “Tracking Technologies”), including without limitation Google Tag Manager, Google Analytics, the Meta (Facebook) Pixel, and similar tools provided by service providers and advertising partners. Tracking Technologies allow Pavas and its partners to recognize your browser or device, understand how the Site is used, measure marketing campaign performance, deliver advertising based on your apparent interests, and improve the Site.

By using the Site, you consent to the use of Tracking Technologies as described in the Privacy Policy and any cookie banner or preference center made available on the Site. Most browsers allow you to control or disable cookies through your browser settings. The Site honors recognized opt-out preference signals as described in the Privacy Policy where required by applicable law. Disabling cookies may impair certain Site functionality.

14. Third-Party Sites, Links, and Services

The Site may contain links to, or be integrated with, third-party websites, applications, services, products, content, advertisements, payment processors, identity-verification vendors, consumer-reporting agencies (such as HireRight, LLC), the FMCSA Pre-Employment Screening Program, social-media platforms, financing providers, equipment vendors, fuel-card networks, and other third parties (collectively, “Third-Party Resources”). Third-Party Resources are provided solely as a convenience and are not under Pavas’s control. Pavas does not endorse and is not responsible or liable, directly or indirectly, for any Third-Party Resource, including without limitation any content, accuracy, terms, privacy practices, security, products, services, advertising, or any damage, loss, or harm caused or alleged to be caused by, or in connection with, any Third-Party Resource. Your dealings with any Third-Party Resource are solely between you and that third party and are governed by that third party’s terms and policies. You should review those terms and policies before engaging with any Third-Party Resource.

15. Copyright Complaints (DMCA Notice)

Pavas respects the intellectual-property rights of others and expects users of the Site to do the same. In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”), Pavas will respond to clear notices of alleged copyright infringement that comply with the DMCA. If you believe that any Content available on or through the Site infringes a copyright that you own or control, please send a written notice to Pavas’s designated agent that includes:

11. a physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the allegedly infringed copyright;

12. identification of the copyrighted work claimed to have been infringed;

13. identification of the material that is claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit Pavas to locate the material;

14. your contact information, including your name, address, telephone number, and e-mail address;

15. a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

16. a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the owner, or are authorized to act on behalf of the owner, of the right alleged to be infringed.

DMCA notices should be addressed to: Pavas Holding LLC, Attn: DMCA Designated Agent, c/o Marketing Department; e-mail: marketing@pavasholding.com. Knowingly making a material misrepresentation in a DMCA notice may subject you to liability for damages, including costs and attorneys’ fees, under Section 512(f) of the DMCA.

16. Disclaimers; “AS IS”

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, ALL CONTENT, ALL FORMS, ALL SUBMISSIONS, ALL COMMUNICATIONS, AND ALL OTHER MATERIALS AND FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. PAVAS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “PAVAS PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY WITH ANY DEVICE OR SYSTEM, QUIET ENJOYMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE PAVAS PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT (A) THE SITE OR ANY CONTENT WILL BE ACCURATE, RELIABLE, CURRENT, COMPLETE, OR UNINTERRUPTED; (B) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) ANY DEFECTS IN THE SITE WILL BE CORRECTED; (D) THE SITE WILL MEET YOUR REQUIREMENTS; OR (E) ANY EARNINGS, RESULTS, OUTCOMES, JOB OFFERS, RATES, AVAILABILITY, OR OTHER REPRESENTATIONS DEPICTED OR DESCRIBED ON THE SITE WILL BE ACHIEVED OR APPLY TO YOU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR DATA THAT RESULTS FROM SUCH DOWNLOAD.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE PAVAS PARTIES’ WARRANTIES ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE PAVAS PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS, LOST EARNINGS, LOST GOODWILL, LOST DATA, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE, COST OF SUBSTITUTE GOODS OR SERVICES, OR THE COST OF REPROCURING REPLACEMENT TECHNOLOGY, IN EACH CASE ARISING OUT OF OR RELATING TO THE SITE, ANY CONTENT, ANY SUBMISSION, ANY COMMUNICATION SENT OR RECEIVED THROUGH THE SITE, OR THESE TERMS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH THE CLAIM IS BASED (INCLUDING WITHOUT LIMITATION CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, OR STATUTE), AND EVEN IF A PAVAS PARTY HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE PAVAS PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO PAVAS FOR ACCESS TO THE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION OF DAMAGES TO A SPECIFIED AMOUNT, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY SUCH JURISDICTION.

18. Indemnification

You agree to defend, indemnify, and hold harmless the Pavas Parties from and against any and all claims, demands, suits, proceedings, losses, liabilities, damages, judgments, awards, fines, penalties, costs, and expenses (including reasonable attorneys’ fees, expert fees, and court costs) arising out of or relating to: (a) your access to or use of the Site; (b) any Submission you make; (c) your violation of these Terms or any Supplemental Terms; (d) your violation of any law or regulation, or any right of any third party (including any intellectual-property, privacy, publicity, or contractual right); (e) any content you cause to be transmitted to or through the Site; or (f) any misrepresentation made by you. Pavas reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Pavas, in which case you agree to cooperate with Pavas’s defense of such claim. You will not, in any event, settle any claim without the prior written consent of Pavas.

19. Termination and Suspension

Pavas may, at any time and in its sole discretion, with or without cause and with or without notice, suspend, restrict, modify, or terminate your access to the Site, in whole or in part, without liability to you. Without limiting the foregoing, Pavas may immediately suspend or terminate your access if it believes, in good faith, that you have violated these Terms, presented a security or operational risk to the Site or to other users, or engaged in unlawful conduct. Sections 1, 2, 6, 7, 8, 14 through 18, and 20 through 30 of these Terms, together with any other provision that by its nature should survive, will survive any termination of these Terms or your access to the Site.

20. Changes to the Site and to These Terms

Pavas reserves the right, in its sole discretion, to modify, suspend, or discontinue any portion of the Site at any time, with or without notice. Pavas also reserves the right to modify these Terms at any time by posting an updated version on the Site and updating the “Effective Date” above. Any modification is effective immediately upon posting unless Pavas indicates otherwise. Your continued access to or use of the Site after any modification constitutes your acceptance of the modified Terms. If you do not agree to a modification, your sole and exclusive remedy is to discontinue your use of the Site. We encourage you to review these Terms periodically.

21. Governing Law

These Terms, and any non-contractual rights and obligations arising out of or in connection with these Terms or your use of the Site, are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of the arbitration agreement set forth in Section 22.

22. Dispute Resolution; Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION 22 CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PAVAS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PAVAS.

22.1 Informal Dispute Resolution

Before filing any claim against Pavas, you agree to try to resolve the dispute informally by sending a written notice of dispute (“Notice”) to Pavas at marketing@pavasholding.com and by U.S. mail to Pavas Holding LLC, Attn: Legal Notices. The Notice must (a) describe the nature and basis of the claim and (b) set forth the specific relief sought. Pavas and you will attempt to resolve the dispute through good-faith negotiation for a period of at least sixty (60) days after the Notice is received. If the dispute is not resolved within that period, either party may commence an arbitration proceeding as set forth below.

22.2 Binding Individual Arbitration

You and Pavas agree that any dispute, controversy, or claim arising out of or relating to these Terms, the Site, your Submissions, or any communication between you and Pavas (each, a “Dispute”) that is not resolved under Section 22.1 will be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules (or the AAA Commercial Arbitration Rules, as applicable), as modified by these Terms. The arbitration will be conducted by a single arbitrator. The seat of arbitration will be Cook County, Illinois, and the arbitration will be conducted in the English language. The arbitrator may award any individual relief that a court could award under applicable law, including declaratory and injunctive relief in favor of the individual party seeking relief, but only to the extent necessary to provide relief warranted by that party’s individual claim. Judgment on the award may be entered in any court of competent jurisdiction.

22.3 Class-Action Waiver

YOU AND PAVAS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR PRIVATE-ATTORNEY-GENERAL ACTION AGAINST THE OTHER. ARBITRATION OR LITIGATION (WHERE PERMITTED BY SECTION 22.4 OR 22.5) MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF THIS CLASS-ACTION WAIVER IS HELD UNENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 22 (OTHER THAN THIS SENTENCE) WILL BE NULL AND VOID, BUT THE REMAINDER OF THESE TERMS WILL REMAIN IN FORCE.

22.4 Small-Claims Carve-Out

Notwithstanding the foregoing, either party may bring an individual action in small-claims court for any Dispute that qualifies, so long as the action remains in that court and is brought on an individual (non-class, non-representative) basis.

22.5 Equitable Relief Carve-Out

Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual-property, confidential-information, or data-security interests, pending the appointment of an arbitrator and resolution of the underlying Dispute through arbitration.

22.6 Thirty-Day Right to Opt Out of Arbitration

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to marketing@pavasholding.com within thirty (30) days after you first accept these Terms. The notice must include your full name, mailing address, e-mail address, and telephone number, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out as set forth in this Section 22.6, then Section 22.3 will not apply to you. All other provisions of these Terms will remain in full force and effect.

23. Venue for Matters Not Subject to Arbitration

For any Dispute that is determined not to be subject to arbitration, or for any action to enforce an arbitration award, you and Pavas irrevocably submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Cook County, Illinois, and waive any objection to jurisdiction or venue in those courts, including any objection based on inconvenient forum.

24. One-Year Limitations Period

To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to the Site or these Terms must be filed within one (1) year after the claim or cause of action arose, or be forever barred, regardless of any longer statute of limitations that might otherwise apply.

25. Force Majeure

Pavas will not be liable for any failure or delay in performance under these Terms due to any cause beyond its reasonable control, including without limitation acts of God, fire, flood, earthquake, severe weather, pandemic, epidemic, public-health emergency, war, terrorism, riot, civil disturbance, governmental action, embargo, labor dispute, supply-chain disruption, fuel shortage, telecommunications or internet failure, denial-of-service attack, cybersecurity incident, hosting-provider failure, or third-party service interruption.

26. Notices

Pavas may give notices to you by posting on the Site, by e-mail to the address you have most recently provided, by SMS to the mobile number you have most recently provided, or by U.S. mail. You may give notices to Pavas by e-mail to marketing@pavasholding.com or by U.S. mail to Pavas Holding LLC, Attn: Legal Notices, at the address most recently posted on the Site. Notices are deemed given when sent (in the case of e-mail or SMS), upon posting (in the case of Site notices), or three (3) business days after deposit in the U.S. mail with first-class postage prepaid.

27. Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without Pavas’s prior written consent. Any attempted assignment in violation of this Section is void. Pavas may freely assign or transfer these Terms, in whole or in part, without notice to or consent from you, including in connection with any merger, acquisition, reorganization, sale of assets, financing, or by operation of law. Subject to the foregoing, these Terms will bind and inure to the benefit of the party’s permitted successors and assigns.

28. Severability; No Waiver; Construction

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect. The failure of Pavas to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. The headings in these Terms are for convenience only and have no legal or contractual effect. The words “include,” “including,” and similar terms are deemed to be followed by the words “without limitation.” These Terms have been negotiated and accepted by the parties, and any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied.

29. Entire Agreement

These Terms, together with the Privacy Policy, the Driver Application Terms and Conditions, the SMS terms, the cookie disclosures, and any other Supplemental Terms expressly referenced herein, constitute the entire agreement between you and Pavas with respect to the Site, and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Site. No oral or written information or advice given by Pavas or any Pavas Party shall create any warranty or in any way modify these Terms.

30. Contact Information

Questions, comments, complaints, or requests regarding these Terms or the Site may be directed to:

Pavas Holding LLC d/b/a Pavas Global

Attn: Marketing Department / Legal Notices

E-mail: marketing@pavasholding.com

Telephone: (708) 234-1111

Acknowledgment

By accessing or using the Site, you acknowledge that you have read these Terms, understand them, and agree to be bound by them. You further acknowledge that these Terms, together with the Privacy Policy and any applicable Supplemental Terms, are the complete and exclusive statement of the agreement between you and Pavas with respect to the subject matter hereof.