(a) No ride share network service shall be liable under any theory of liability, including, but not limited to, vicarious or product liability, for any injury to persons or damage to property from the operation of a personal passenger car by a ride share driver by reason of owning, operating, or maintaining a digital network or internet network to connect passengers to ride share drivers for the purpose of prearranged transportation for hire or for donation, provided that:

(1) There has been no negligence or criminal misconduct by the ride share network service;

(2) The ride share network service is in compliance with the requirements of this part relating to obligations to a ride share driver and any other provision otherwise required by law; and

(3) The ride share network service conducts or causes to conducted a criminal background check or obtains a private background check certification as described in Code Section 40-5-39 for each ride share driver at least once every two years.

(b) Any digital network or internet network used by a ride share network service shall be considered a service and shall not qualify as a product.