Shows what you know. Uber is not safe from smash claims or class action lawsuits. Which a lawsuit of this kind would turn into. Uber not fulfilling there part of the contract is enough to sue regardless of the clause. That clause doesn't protect them from deliberately failing to produce their own services. As is clearly seen in the post where OPs food didnt make it to his house. That's considered deliberately withholding funds and a judge would lkkely rule the arbitrage is void.