Last Updated: September 1st, 2022.
Thank you for your interest in Leaxe!
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE. THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS OF THIS TOS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
Leaxe provides a peer to peer recreational vehicle rental marketplace (the “Service”) at www.leaxe.com and via an application (collectively the “Site”). Users of the Site may be referred to herein as “Users”, “Hosts”, “Renters”, or “you” as applicable. The Service and the Site may be collectively referred to herein as the “Platform.” The Service is owned and operated by Leaxe (“Company” or “we” or “us”).
Your use of the Service is subject to the terms and conditions set forth in this Terms of Service (the “Terms of Service” or “Terms” or “TOS” or “Agreement”).
Leaxe Inc. and its subsidiaries (collectively, “Leaxe”, “we”, or “us”), provide an online recreational vehicle sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. Leaxe is accessible online including at Leaxe.com and as an application for mobile devices. The Leaxe websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Leaxe users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Leaxe.
The Service may be modified, updated, interrupted, suspended or discontinued at any time, in the sole discretion of the Company, without notice or liability. The Service may be unavailable at certain periods, including but not limited to systems failures, anticipated or unanticipated maintenance work, upgrades or force majeure events.
The Company reserves the right, at any time, in its sole discretion to modify, temporarily or permanently block access to, suspend, or discontinue the Service, in whole or in part, with or without notice and effective immediately to any User.
The Company will have no liability whatsoever for any losses, liabilities or damages you may incur as the result of any modification, suspension, or discontinuation of the Service or any part thereof
Eligibility, registration, verification
The Services are intended solely for guests who meet our age requirements the location where the vehicle is booked and hosts who are 21 or older. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.
You acknowledge that all the intellectual property rights in the Service, including, but not limited to, copyrights, patents, trademarks, and trade secrets, the website design, application design, graphics, text, sounds, pictures, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Service are either the property of the Company, its affiliates or licensors. and other files and the selection and arrangement thereof (collectively the “Materials”) and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners.
Subject to this TOS, the Company grants you a limited non-transferable, non-exclusive, revocable, non-sublicensable licence to use and access the Service solely for your own personal or internal business purposes. You will not obtain any ownership interest therein through this Terms of Service or otherwise.
Company authorizes you to view, download and/or print the Materials provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, You may not copy, reproduce, distribute, republish, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Company or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial resale purposes. The Company retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. The Company reserves the right to enforce its intellectual property rights fully under United States and international law.
Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Service may not be owned by us and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Service.
Use of the Service, General.
You will be required to create an account to use the Service and/or take advantage of certain features, in which case you agree to:
(i) provide true, accurate, current and complete information about yourself as prompted by the Service;
(ii) as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Company has reasonable grounds to suspect that such information is false, inaccurate or outdated, Company has the right to suspend or terminate your account and prohibit all current or future use of the Service by you; and
(iii) that your account is for your personal and/or business use. If you create an account on behalf of a business, you represent that you are authorized to act on behalf of such entity.
(iv) by creating an account, you agree to receive certain communications in connection with the Service.
You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share your account for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Service, including charges resulting from unauthorized use of your account.
You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
You agree to use the Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to use the Service in any manner that interferes with its normal operation or with any other User’s use of the Service.
You may not do any of the following while accessing or using the Service:
(i) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
(ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(iii) access or search or attempt to access or search the Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us;
(iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or
(v) disrupt or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or otherwise creating an undue burden on the Service.
You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Service.
You further agree that you will not access the Service by any means except through the interface provided by Company for access to the Service. Creating or maintaining any link from another application to any page at the Service without the prior authorization of Company is prohibited. Running or displaying the Service, or any information or material displayed via the Service in frames or through similar means on another website or application without the prior authorization of Company is prohibited. Any permitted links to the Service must comply with all applicable laws, rule and regulations.
Company makes no representation that Materials contained, described or offered via the Service are accurate, appropriate or available for use in any particular jurisdiction or that these Terms of Service comply with the laws of any specific country. Visitors who use the Service do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the Service from any territory where its contents are illegal, and that you, and not the Company Parties, are responsible for compliance with applicable law.
Your use of the Service is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Furthermore, you herein agree not to make use of the Services for:
(i) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
(ii) causing harm to any minor in any manner whatsoever;
(iii) impersonating any individual or entity, including, but not limited to, any company, group or forum leaders, or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
(iv) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
(v) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
(vi) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
(vii) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
(viii) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
(ix) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other Users’ ability to participate in any real-time interactions;
(x) interfering with or disrupting any of the Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any software and/or routine to bypass the robot exclusion headers;
(xi) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to any securities rules, regulations or laws of any nation or other securities exchange, and any regulations having the force of law;
(xii) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance with Section 219 of the Nationality Act;
(xiii) stalking or with the intent to otherwise harass another individual; and/or,
(xiv) collecting or storing of any personal data relating to any other User in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
USE OF SERVICE HOSTS
Recreational Vehicle Listings.
Hosts are solely responsible for its own Listings, including updating any Listings to ensure that they are accurate and comply with our Policies and applicable laws.
Hosts shall not create Listings that:
- offer vehicles that they do not own;
- that they don’t have available.
Company may modify, reject, remove, or censor any Listings for any or no reason.
Company does not verify the accuracy or completeness of Host Listings and assumes no liability for any errors or omissions.
Hosts assume all risks associated with its Listings, including any reliance on its accuracy, completeness, or usefulness by others.
Where permitted, Leaxe has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. Leaxe does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. Leaxe may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Leaxe to request, receive, use, and store such information. Leaxe may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. Leaxe may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.
Consumer Report Authorization. When you attempt to book or list a vehicle, or at any time after where Leaxe reasonably believes there may be an increased level of risk associated with your Leaxe Account, you hereby provide Leaxe with written instructions and authorize Leaxe, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.
The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. Hosts can view earnings on the Dashboard and learn more about earnings. When you provide Leaxe a payment method, you authorize Leaxe, or third-party service providers acting on behalf of Leaxe, to store your payment credential for future use in the event you owe Leaxe any money. You authorize Leaxe to use stored payment credentials for balances, including for trip costs, host fees and guest fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances.
Collection of fees
Leaxe and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Leaxe, or the collection agencies we retain, may also report information about your Leaxe Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your Leaxe Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Leaxe Account, you must contact the collection agency directly.
In certain jurisdictions, Leaxe may enable the collection and remittance of certain taxes from or on behalf of guests or hosts, based on existing and future tax regulations, including marketplace facilitator or recreational vehicle sharing regulations. The amount of taxes, if any, collected and remitted by Leaxe will be visible to, and separately stated, to both guests and hosts on their respective trip related documents and invoices. Where Leaxe is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their vehicle sharing in that jurisdiction.
You agree that you will always use your Leaxe Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Leaxe.
Account Activity. You are, and will be solely responsible for, all of the activity that occurs through your Leaxe Account. Keep your Leaxe Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Leaxe Account, whether or not you have authorized such activities or actions. You will immediately notify Leaxe of any actual or suspected unauthorized use of your Leaxe Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Leaxe Account unless you have reported unauthorized access to us.
Leaxe Content and User Content License. Subject to your compliance with the provisions of these Terms, Leaxe grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Leaxe and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Leaxe or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through Leaxe promotional campaigns, you grant Leaxe a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to Leaxe photography provided to hosts, Leaxe does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate Leaxe Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s), please notify us.
In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
- Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
- Post false, inaccurate, misleading, defamatory, or libelous content
- Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Leaxe, or that comes from the Services and belongs to another Leaxe user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Leaxe
Dilute, tarnish, or otherwise harm the Leaxe brand in any way, including:
- Through unauthorized use of the Services and/or user content
- Registering and/or using “Leaxe” or derivative terms in domain names, trade names, trademarks, or otherwise
- Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Leaxe domains, trademarks, taglines, promotional campaigns, or Leaxe and/or user content
Provide or submit any false or misleading information, including:
- False name, date of birth, driver’s license details, payment method, insurance, or other personal information
- In relation to a claim (for example about damage to a vehicle)
- By registering for a Leaxe Account on behalf of an individual other than yourself
- Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity
Fail to honor your commitments, including:
- Fail to pay fees, penalties, or other amounts owed to Leaxe or another user
- Fail, as either a guest or host, to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason
- Use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by Leaxe (aka, gray market transactions, which do not necessarily require the exchange of money)
- Transfer your Leaxe Account and/or user ID to another party without our consent
- Leave a vehicle unsecured or running with the keys inside, except where instructed to do so directly by Leaxe in certain limited circumstances
Harm or threaten to harm users of our community, including:
- Harass, stalk, or defame any other Leaxe user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or guest in accordance with these Terms
- Engage in physically or verbally abusive or threatening conduct
- Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
- Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the Leaxe community
- Sue or assert legal claims against Leaxe or a Leaxe user in any manner prohibited or waived by these Terms
Use the Services for your own unrelated purposes, including to:
- Contact another Leaxe user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user
- Commercialize any content found on the Services or software associated with the Services, including reviews
- Harvest or otherwise collect information about users without their and our consent
- Recruit or otherwise solicit any user to join third-party services or websites that are competitive to Leaxe, without our prior written approval
Interfere with the operation of the Services, including by:
- Interfering with any other user’s listings
- Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
- Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm Leaxe or the interests or property of others
- Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
- Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
- Using, displaying, mirroring, or framing the Services or any individual element within the Services, the Leaxe name, any Leaxe trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of Leaxe
- Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
- Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
- Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Leaxe or any of our service providers or any other third party (including another user) to protect the Services
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
- Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
- Endeavoring to circumvent a suspension, termination, or closure of your Leaxe Account or the account of another Leaxe user, including, but not limited to, creating a new Leaxe Account or listing vehicles affiliated with or registered to a Leaxe Account holder that has been suspended, terminated, or closed
Other legal matters
Violations. Leaxe has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.
Leaxe reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Leaxe, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing Leaxe, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Leaxe Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Communications with you. In order to contact you more efficiently, you agree that we may at times contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your Leaxe Account or Leaxe Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Leaxe is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize Leaxe and its service providers, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Leaxe or its agents for quality control and training purposes. You acknowledge and understand that your communications with Leaxe may be overheard, monitored, or recorded without further notice or warning.
Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.
Insurance and protection plans. Leaxe is not an insurance company and does not insure hosts or guests. Host and guest protection plans made available through the Services are in no way related. To be eligible for the benefits of a protection plan, hosts and guests must comply with these Terms.
Specific terms for guests
The following sections also apply if you book a vehicle using the Services:
As a guest, you commit that you will be a legally licensed driver and provide proof to the host of a current, valid driver’s license. You will treat the vehicle and any applicable extras well and will take all reasonable measures to return the vehicle and any applicable extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive/navigate the vehicle you booked.
Guest financial responsibility for physical damage to the vehicle
The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own insurance or not.
Primary guests may be insured against damage to the booked vehicle under their own policies. When you book a vehicle on Leaxe, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with Leaxe to make a claim for coverage under any policy of insurance that applies to the loss.
The primary guest can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by contacting their insurance provider. The limitation on the amount a primary guest may have to pay out of pocket included in any protection plan only applies (1) if the primary guest and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage.
Recreational vehicle liability insurance
Most hosts offering a vehicle for sharing on the Services cannot offer liability insurance to you. All protection plans offered on the Services include coverage under an automobile liability insurance policy. In the US, the policy is issued to Leaxe by (PENDING INSURANCE PROVIDER) and does not provide a defense or indemnification for any claim asserted by Leaxe.
If the guest has their own personal recreational vehicle policy, it will be primary over the Leaxe protection depending on various factors such as applicable laws, where the guest books the vehicle, and/or where the accident or damages occur. Terms and exclusions apply.
Booking with Commercial Hosts
Where a host can offer guests at least legally required minimum insurance through their own commercial or rental policy. We refer to these hosts as “Commercial Hosts.” You can determine directly in the vehicle listing whether the vehicle is offered by a Commercial Host.
If you book with a Commercial Host, no third-party automobile liability insurance, financial responsibility limitations for physical damage, or roadside assistance is made available via the Services by Leaxe or any third-party insurance partners, brokers, or producers. The Commercial Host will bill you directly for any applicable protection plan after booking, not through the Services. In these circumstances, a Commercial Host may require you to sign additional paperwork, provide a deposit, or pay additional fees, costs, or taxes after booking, for instance when picking up the vehicle. A Commercial Host may also have additional requirements that differ from Leaxe requirements (like requiring a credit card deposit). By booking a vehicle where a Commercial Host is providing protection, you agree that the Commercial Host may impose additional terms and fees after booking.
Use of the vehicle
When you book a vehicle on the Services, you must use the vehicle only for your personal use and not for any commercial purposes. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Leaxe has any concern about your use of a vehicle, Leaxe may terminate your trip in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts, government approved helmet or life-jackets during the operation of the vehicle and to require that all of your passengers follow the same rules and or regulations. You are also required to meet any laws or regulations concerning child safety and other protections for children. You must not leave the vehicles unlocked, unprotected or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact Leaxe. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.
Condition of the vehicle and optional Extras
You understand that third parties own the vehicles and other extras offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should obtain photos of such pre-existing damage at the start of your reservation as described to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Leaxe, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the Leaxe team immediately.
No responsibility for shared vehicles
You acknowledge that Leaxe is not responsible and shall not be liable for the safety, operational worthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be used accordingly, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.
Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to Leaxe. If there has been an accident, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Leaxe or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Leaxe, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of Leaxe staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan.
The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:
- If you fail to return the vehicle you booked at the time and place agreed upon with the host and/or designated in your reservation
- If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services as set forth.
- If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility
- If you misrepresent facts to the host pertaining to booking, use, or operation of vehicle
- If the vehicle’s components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period
- If you fail or refuse to communicate in good faith with the host, police, Leaxe, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism
- If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of the host, or who misrepresents or withholds facts to/from the host or Leaxe material to the booking, use, or operation of vehicle
The primary guest who books the reservation is responsible for any private investigation costs Leaxe deems necessary to recover a vehicle that is not returned. In addition, a case administration fee will be imposed on the primary guest if Leaxe and/or the host has to report a vehicle as stolen to law enforcement due to it not being returned.
Repossession. Leaxe, a hired agent of Leaxe, or the host may repossess any vehicle booked through the Services without demand, at the guest’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Missing Vehicles. If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 24 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, Leaxe, and other authorities in all matters related to the investigation.
Specific terms for hosts
The following sections also apply if you share your vehicle through the Services:
As a host, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates (if applicable), with a clean (non-salvage/branded/written off) title, and in good mechanical condition. You will provide such vehicle on time but only to a guest who is listed on the Services as an Approved Driver for the trip. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a guest. You will not cancel a booking for the purpose of seeking a higher price from a guest. You will not offer any vehicle or optional extras that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. You will not offer any extras that are not safe, clean, and acceptable for the use it is intended. You will not offer any vehicle that is the subject of a missing or stolen vehicle report. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a vehicle that is not properly working (i.e., not safe to drive or navigate) in the location where it is shared and it will not have any illegal modifications to any part of the vehicle. You will remove any firearms or other weapons from your vehicle prior to providing it to a guest. You will repay loans related to your Leaxe business on time and in full.
Information given at registration
When you sign up for Leaxe, you will identify passenger vehicle(s) that you want to list for sharing. Each vehicle must meet Leaxe’s requirements. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation.
Listing only on the Services
In the United States, any vehicle you list on the Services must be exclusively listed on the Services. You cannot list any vehicles you intend to share on the Services on any other recreational vehicle sharing marketplace. Failure to abide by this condition may result in fines, penalties, denial of physical damage claims, removal of the vehicle from the Services, account closure, or other action, in Leaxe’s sole discretion. This does not limit Commercial Hosts’ (as defined below) ability to maintain their own rental recreational vehicle business or prohibit a vehicle from being listed on ride sharing or other delivery services when not on a Leaxe reservation.
Leaxe may offer hosts the option of having photographers take photographs of their vehicles and/or hosts with their vehicles (“Images”). You alone are responsible for using the Images in connection with your Leaxe listing and you agree that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Leaxe is the sole and exclusive owner – or exclusive licensee, as allowed by applicable law – of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or Leaxe’s ownership or registration thereof. You acknowledge that Leaxe may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the Leaxe photography program, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than Leaxe. At Leaxe’s request, you will execute documents and take such further acts as Leaxe may reasonably request to assist Leaxe to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.
Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the guest. If you offer the guest the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to Leaxe and ensure that the vehicle is available at that location at the beginning of the reservation period. In order to qualify for available protection plans, you must verify that a prospective guest has a current, valid driver’s license before you provide the guest your vehicle, and ensure the driver’s license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver’s license.
Pricing, earnings, and payments
You will have the ability to set and revise the vehicle’s pricing as you choose. Leaxe will pay you the amount collected from guests that book your vehicle, less the applicable fees payable to Leaxe. To the extent you owe Leaxe or any third party lender money for any reason, Leaxe also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.
Payment Processing. In some countries, payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the “Stripe Terms”). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Leaxe enabling payment processing services through Stripe, you authorize Leaxe to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your vehicle. You further agree to provide accurate and complete information about you, and authorize Leaxe to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. Leaxe reserves the right to switch payment processing vendors at its discretion.
You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You will only list vehicles with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. In addition, if Leaxe believes that your vehicle does not conform to reasonable standards, Leaxe may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. Leaxe may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services.
Reporting vehicle damage
If you did not decline a protection plan made available via the Services, and you believe that a guest has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the trip) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, Leaxe or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If it was, and you did not decline a protection plan made available via the Services, you will be reimbursed for the loss as described in the sections below. If Leaxe is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Leaxe or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any reimbursement or coverage for such damage.
All host protection plans offered on the Services include coverage under a third-party automobile liability insurance policy. In the US, the policy is issued to Leaxe by Travelers Excess and Surplus Lines Company and does not provide a defense or indemnification for any claim asserted by Leaxe. In the UK, the policy is from Aioi Nissay Dowa Insurance UK Ltd., arranged by Aon UK Ltd. In Canada (excluding any of the territories and the provinces of British Columbia, Manitoba, and Saskatchewan), the policy is from Economical Insurance and in British Columbia the policy is from Insurance Corporation of British Columbia.
Physical damage to your vehicle
Physical damage reimbursement (US). The protection plans available to hosts in the US also address the allocation of financial consequences of physical damage to the vehicle offered by a host during a trip. Physical damage contractual reimbursement from Leaxe applies to your vehicle in the event of a collision and to comprehensive events during the trip, and is subject to terms and exclusions.
Actual cash value. If Leaxe, or third-party claims administrators, choose to pay you the actual cash value for your vehicle, you will be required to transfer title to the vehicle to Leaxe or a third party appointed by Leaxe to accept title. The standard for determining the actual cash value will be as determined by Leaxe or its third-party claims administrators and in compliance with applicable law.
Exclusions to physical damage reimbursement and coverage. Protection plans selected by hosts on the Services do not apply to:
- Optional extras or personal property, including aftermarket installations (e.g., equipment racks), that are taken from your vehicle or damaged during a trip. Remove all personal property before making your vehicle available for a reservation
- Normal wear and tear to your vehicle
If you violate the Agreement, these Terms, or any of our Policies or if you submit inaccurate information about your vehicle when listing it on the Services (for example, falsely represent the make, model, or year of the vehicle), any protection plan you selected will be voided. A protection will be voided under this provision even if the underlying circumstances are not directly related to the damage or harm at issue. You acknowledge that these provisions are material and that they serve to ensure your compliance. In the event your protection plan is voided, the remainder of the Agreement, these Terms, and Policies remain in effect.
Other host-specific insurance matters. You will maintain valid and up to date registration information and proof of insurance in any vehicle you share on the Services. You must maintain your own auto insurance policy for any vehicle you list on the Services and such policy must meet any minimum insurance levels required by law. You agree to provide Leaxe with information regarding your recreational vehicle insurance policy as may be requested and to keep such information up to date. Where not prohibited by law, you hereby appoint Leaxe or a wholly owned subsidiary of Leaxe as your attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise administering an applicable insurance policy, and/or working with law enforcement, guests, or private entities to recover your vehicle, as necessary.
If you selected a protection plan via the Services and your vehicle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the host, must immediately contact a Leaxe representative and follow his or her instructions, including cooperating with Leaxe, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Leaxe to file a police report, you must do so within 24 hours of receiving those instructions.
Additional terms for Commercial Hosts
In exchange for keeping more of the trip price for yourself, when you decline a Leaxe protection package or where no protection package is offered, you waive, on behalf of yourself and any affiliated individuals (including, but not limited to, employees, employers, associates, contractors, or any other related personnel) or entities (whether they be corporations, partnerships, sole proprietorships, limited liability companies, or otherwise) (collectively, “Affiliates”) any protection plan normally offered via the Services, to you or any Affiliates, your vehicles, and any guests or approved drivers of all of the vehicles you list on Leaxe.
When you choose to provide your own commercial rental insurance in the United States or where no protection or insurance is offered via the Services in your region, you, as the host, or an authorized representative acting on behalf of the host, shall be exclusively responsible for providing commercial rental insurance coverage for any reservation of your vehicles through Leaxe. You shall carry no less than the minimum applicable liability and/or physical damage automobile insurance for your vehicle, your guest, and his/her authorized drivers.
If you lose the ability to offer commercial rental insurance to your guests (for example, your policy has been canceled or nonrenewed), you must immediately change the status of your vehicle. If the change is temporary, you can snooze your vehicle(s). Never let a guest pick up a vehicle or continue to use a vehicle without providing them insurance coverage.
You must disclose on your listing page any applicable additional fees, costs, and/or taxes you assess in addition to other requirements you may impose (such as a security deposit or if you do not accept debit cards, for example). You must never surprise guests with hidden costs or requirements at pick-up. Leaxe reserves the right, in its sole discretion, to default your vehicles to a protection plan of our choice, remove your listings, or suspend your Leaxe Account for failure to be transparent with guests about fees, costs, and requirements in your vehicle listing page.
You acknowledge that the actual damages likely to result from your breach of this section are difficult to estimate accurately and would be difficult for Leaxe to prove with certainty. You will pay Leaxe per breach in liquidated damages to compensate Leaxe for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult to estimate accurately and/or prove with certainty.
You shall defend, indemnify, and hold Leaxe, its subsidiaries, affiliates, employees, officers, directors, and agents, and any of your guests or their authorized drivers, harmless from and against any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorneys fees, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise, without limitation, related to or arising out of any reservation or use of any vehicles, including without limitation, any vehicle damage, personal injury or property damage where you have declined a protection plan made available via the Services or one is not available in your region.
Dispute resolution for hosts and guests residing in the United States
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND LEAXE HAVE AGAINST EACH OTHER ARE RESOLVED.
Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this.
Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and Leaxe agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact us by email. Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from Leaxe. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with either FairClaims or the American Arbitration Association (“AAA”) as set forth below, pursuant to the FairClaims Rules or AAA’s Consumer Arbitration Rules, as appropriate. A form for initiating arbitration proceedings is available on the FairClaims website or AAA’s website. (AAA provides a Demand for Arbitration form.) Any settlement offer made by you or Leaxe shall not be disclosed to the arbitrator.
Applicable law. The below Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable procedural rules of FairClaims or AAA, as applicable (see “Arbitration procedures” below). To the extent state law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law of the state of Arizona will apply, without regard to its conflict of law provisions.
Agreement to Arbitrate. The Parties each agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and Leaxe (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) will be resolved by binding arbitration according to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes,” “claims,” and “controversies” shall have the broadest possible meaning that will be enforced and includes, any and all disputes and/or claims that arise out of or in any way relate to your relationship with Leaxe, including but not limited to: (1) your use of the Services, (2) the Agreement, these Terms and/or this Agreement to Arbitrate, including the interpretation, validity, enforceability, or scope of this Agreement to Arbitrate, or (3) your use of, or access to the Services, and anything sold, offered, or purchased through the Services (such as booking, listing, or sharing a vehicle). Through this Agreement to Arbitrate, and subject to the below exceptions, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court.
Exceptions to Agreement to Arbitrate The only exceptions to this Agreement to Arbitrate are as follows:
- Disputes or claims that can be brought in small claims court
- Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
- Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
- In the event California law is found to apply to this Agreement to Arbitrate, any remedy of public injunctive relief (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of arbitrable claims, causes of action, or issues
Arbitration procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
The arbitration will be conducted by FairClaims in accordance with its Arbitration Rules and Procedures effective at the time a claim is made. Where the relief sought is $25,000 or less (not including attorneys’ fees and expenses), those Arbitration Rules and Procedures may limit the proceeding to a written submission and, if requested or at the arbitrator’s discretion, there may be a live hearing by teleconference or videoconference. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), those Arbitration Rules and Procedures may provide for limited discovery and streamlined proceedings. In the event FairClaims declines to or is unable to adjudicate the claim, the arbitration will be conducted by the AAA under its Commercial Arbitration Rules, as modified by this Agreement to Arbitrate.
In all cases in which a live hearing is requested or required, you and/or Leaxe may attend by video or phone. To the extent a location must be established for the arbitration, it shall be held in the county in which you reside or at another mutually agreed location.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Leaxe user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this Agreement to Arbitrate.
Costs of arbitration. If you initiate arbitration proceedings, you will be responsible for certain costs. Where the relief sought is $25,000 or less (not including attorneys’ fees and expenses), you will be responsible for the initial filing fee, capped at $375, and Leaxe will cover any additional fees or costs. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), you and Leaxe will each pay your own arbitration fees consistent with the rules set by FairClaims (or AAA, as applicable) at the time the claim was made, unless otherwise stated in these Terms.
Severability. With the exception of the provisions in the below section “Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of class and representative actions and non-individualized relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply.
Right to opt-out of arbitration; procedure. IF YOU ARE A NEW LEAXE USER, YOU CAN CHOOSE TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR THE COMMENCEMENT OF YOUR FIRST TRIP ON LEAXE AS A GUEST OR HOST, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your full name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your Leaxe Account. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other provisions of the Agreement will continue to apply to you, including the below forum selection clause specifying Phoenix, Arizona.
Future amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, the Parties agree that if Leaxe makes any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that you filed against Leaxe prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to the amended terms, you may close your account within 30 days of our posting or notification and you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Leaxe, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.
Judicial forum for legal disputes not subject to arbitration. Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, whether (1) as a result of your decision to opt out of the Agreement to Arbitrate, (2) as a result of a decision by the arbitrator or a court order, or (3) if one of the above exceptions to the Agreement to Arbitrate applies, you agree that any claim or dispute that has arisen or may arise between the Parties will be resolved exclusively by a state, federal, or small claims court located in Phoenix, Arizona. The Parties agree to submit to the personal jurisdiction of a state court located in Maricopa County, Phoenix, Arizona or a United States District Court for the District of Arizona located in Phoenix, Arizona. The Parties agree that the substantive law of the state of Arizona will apply to any such claim or dispute without regard to conflict of law provisions.
Prohibition of class and representative actions and non-individualized relief. THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS, SUBJECT TO THE ABOVE EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE SOUGHT IN COURT BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.
You may discontinue your use of the Services at any time and Leaxe may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and Leaxe may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.
No vehicle transfer or assignment
Except as otherwise provided herein, guests and hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle or optional extras shared through the Services.
LEAXE PROVIDES SERVICES THAT ENABLE THE SHARING OF VEHICLES AND OPTIONAL EXTRAS BETWEEN HOSTS AND GUESTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, LEAXE DOES NOT ITSELF PROVIDE VEHICLE SHARING, RENTAL SERVICES, AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE VEHICLE OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, LEAXE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Leaxe makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Leaxe makes no warranty regarding the quality of any listings, vehicles, hosts, guests, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Leaxe, Leaxe Insurance Agency, or its service providers or through the Services or content, will create any warranty not expressly made herein.
Limitation of liability and waiver
YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST LEAXE AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “LEAXE PARTIES”) AND ANY LEAXE USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) VEHICLE AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH A VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE), (3) VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE), (4) THE LEGAL OR LICENSE STATUS OF A VEHICLE, HOST, OR GUEST, (5) THIRD PARTY ASSESSMENTS OF A VEHICLE’S VALUE, OR (6) ANY ACTION OR INACTION OF A HOST OR GUEST.
YOU AGREE THAT NEITHER LEAXE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.
Except for our obligations to pay amounts to applicable hosts or guests pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the Leaxe Parties’ aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a guest in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month period prior to the event giving rise to the liability.
YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY LEAXE USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES UNLESS (1) YOU ARE A HOST WHO HAS DECLINED A PROTECTION PLAN VIA THE SERVICES AND ARE MAKING A CLAIM AGAINST A GUEST WHO BOOKED A VEHICLE FOR WHICH YOU OPTED TO PROVIDE YOUR OWN COMMERCIAL/RENTAL INSURANCE OR COVERAGE TO THE GUEST, OR (2) YOU ARE A GUEST WHO BOOKED A VEHICLE FROM A HOST WHO OPTED TO DECLINE A PROTECTION PLAN VIA THE SERVICES AND SUCH HOST OPTED TO PROVIDE INSURANCE OR PROTECTION DIRECTLY TO YOU AND YOU ARE MAKING A CLAIM AGAINST THAT COMPANY/HOST.
YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LEAXE AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.
You agree to release, defend, indemnify, and hold Leaxe and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a vehicle or creation of a listing for a vehicle. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between Leaxe and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.
You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Leaxe to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the Leaxe domains, trademarks, or taglines without Leaxe’s express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the Leaxe Parties or a Leaxe user in any manner prohibited or waived herein, (4) as a host, sharing your vehicle via the Services with expired registration or without current registration paperwork in the vehicle, (5) as a host, offering any vehicle that is the subject of a missing or stolen vehicle report, (6) as a host, offering any vehicle or releasing a vehicle to a guest that is not roadworthy or is otherwise in an unsafe condition, (7) as a host, cancel or modify a trip to manipulate the price or potential earnings for a vehicle, or (8) creating or using a Leaxe account that has the effect of circumventing Leaxe’s suspension, termination, or closure of another Leaxe account. You will pay Leaxe a set amount per breach in Liquidated Damages to compensate Leaxe for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between Leaxe and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.
Not a rental car company
Leaxe is not a rental car company. It does not own a fleet of recreational vehicles, and is not in the business of renting recreational vehicles to the public. Leaxe provides an online platform where vehicle owners and those in need of a recreational vehicle can meet and share recreational vehicles amongst themselves subject to these Terms.
Leaxe may, in its sole discretion, round up or down amounts that are payable from or to hosts or guests to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law.
Where Leaxe has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.
The parties agree that the substantive laws of the state of Arizona apply to these Terms and the Agreement without regard to conflict of law provisions.
Severability and non-waiver
In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.
Leaxe does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Leaxe and Leaxe will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.
The Agreement, including these Terms, states the entire understanding between you and Leaxe concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Leaxe. You will remain responsible for your obligations hereunder in any event. A Leaxe Director or Officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.
ADDED INFORMATION ADDED INFORMATION ADDED INFORMATION ADDED INFORMATION ADDED INFORMATION ADDED INFORMATION
8. Third Party Operators and Websites.
8.1. In the event we include links via the Service to third-party operators and/or websites (collectively “Third Party Provider”) which may include products, goods, services or information offered therein, these links are provided only as a convenience. If you clickthrough using these links to other websites, You may leave our Site. We do not control nor endorse any such Third-Party Provider. You agree that the Company Parties, as defined below, will not be responsible or liable for any content, products, goods, services or information provided or made available by a Third-Party Provider, including related websites, or for your use or inability to use the services of a Third-Party Provider.
8.2. You will use such links at your own risk. You are advised that other websites on the Internet, including Third-Party Provider websites linked from our Site, might contain material or information:
(i) that some people may find offensive or inappropriate;
(ii) that is inaccurate, untrue, misleading or deceptive; or,
(iii) that is defamatory, libelous, infringing of others’ rights or otherwise unlawful.
8.3. We expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any content, products, goods, services or information, that appear on any Third-Party Provider website or in advertisements or content that a Third-Party Provider may have listed or offered on our Site.
8.4. Your interactions with a Third-Party Provider found on or through the Service, including payment and delivery of goods or services, if any, conditions, warranties or representations associated with such matters are solely between you and the Third-Party Provider, except as may be otherwise stated herein. You acknowledge and agree that we are not a party to any transactions you may enter into, except as may be stated herein, using the Service and we shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the content, products, goods, services or information of a Thirty-Party Provider.
9.1. “User Content” means any and all information and content that a User submits to, or uses with, the Services. User Content may include, without limitation, images of items listed for auction, descriptions of items and other relevant information to the sale of goods. You may choose to enter this information manually or, where available, synchronize with a third-party website. The Company does not verify the accuracy or completeness of User Content, and these may therefore be subject to errors.
9.2 In the event we permit Users to uploaded User Content to our Site, you are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate any of the Terms of Service.
9.3. Company does not and is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.
9.4. We may, at our discretion, pre-screen User Content submissions and may choose to remove User Content at any time we see fit. You agree that the Company is not responsible for any financial loss, liability or damage of any kind that you may incur as a result of our removing or refusing to publish User Content.
9.5. Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (v) you irrevocably waive, and cause to be waived, against the Company Parties and its Users any claims and assertions of any moral rights contained in such Feedback.
10. Term and Termination.
10.1. Subject to this section, the Terms herein will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your account) at any time for any reason, or no reason, at our sole discretion, including for any use of the Service in violation of these Terms.
10.2. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your account may involve deletion of your User Content associated with your account from our live databases.
10.3. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your User Content. You may terminate your use of the Company Service at any time
11. User Representations. You expressly acknowledge, represent, warrant, and agree that you understand:
11.1. The information contained herein is for informational purposes only and is not intended as nor should be construed as advice or recommendations and are not guaranteed to produce results.
11.2. Company does not warrant or guarantee the suitability or availability of any material or content, including without limitation any, data, products or services, found through the Service.
11.3. Company does not screen the authenticity or quality of any material or content or any provider of material or content, including, data, products or services found through the Service.
11.4. Company makes no representations or promises regarding any material or content, and that some of the material or content provided via the Service may be owned or licensed by Third Parties.
11.5. Company is not a party to any transaction between you and any provider of products or services via the Service except as may be specifically stated herein. Any dispute shall be resolved between yourself and the provider of such products or services or your customer.
11.6. Any information, including any data, Company Materials, or content on the Site, including on any Company Facebook, Instagram or Twitter or other social media pages, are for informational purposes only.
11.7. Company is not a law, accounting or other professional firm. We do not provide legal or accounting advice or guidance and no materials we present on the Site shall be considered to be providing such advice. In the event you use any agreements or contracts we make available on the Site for your use related to a purchase or sale of goods, you agree and understand we are providing these items for convenience. We recommend you seek professional guidance related to your use of these agreements.
11.8. You assume all risk when using the Service, including all the risks associated with any online or offline interactions with other Users, providers of products and services, and from additional fees or charges from your mobile carrier.
11.9. You are of legal age to form a binding contract and are at least the age as stated above, or of the age of majority where you reside, or you have the authority of such legal entity to form a binding contract; all registration information you submit is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service.
12.1 You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries and other affiliated companies, and their respective officers, directors, employees, agents and other representatives (collectively, the “Company Parties”) against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Service, your breach of this Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Service.
12.2. You hereby release and forever discharge the Company Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service, including any interactions with, or act or omission of, Buyers or Sellers or any Third-Parties, including but not limited to: (i) your use of the Service, (ii) any activity related to your accounts by you or any other person, (iii) your violation of these Terms; (iv) your infringement or violation of any rights of another, (v) your violation of applicable laws or regulations, or (vi) your User Content.
12.3. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
13. Warranties, Disclaimers and Limitations of Liability. You expressly understand and agree that:
13.1. Your use of the Service is at your sole risk. The Service and the associated materials and content are provided on an “as is” and “as available” basis. The Company, its parents, subsidiaries and other affiliated companies, and their respective officers, directors, employees, agents and other representatives (collectively, the “Company Parties”), expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose and non-infringement. Without limiting the generality of the foregoing, the Company Parties make no warranty that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained via the Service will be accurate or reliable; (iv) the quality of any and all products, services, information or other materials, including all merchandise, products, goods or services, obtained or purchased by you directly or indirectly through the company Service will meet your expectations or needs; and (v) any errors in the Service will be corrected.
13.2. The Company Parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Service, including any liability: (i) as a publisher of information; (ii) for any incorrect or inaccurate information or any ‘bug’ of the Service; (iii) for any unauthorized access to or disclosure of your transmissions or data; (iv) for statements or conduct of any third party on or via the Service; (v) for any disputes between Users of the Service or between a User of the Service and a Third Party; or (vi) for any other matter relating to the Service or any Third Party. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises the Company Parties of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Company and you. The products, information and services offered on and through the Service would not be provided to you without such limitations.
13.3. The Company Parties shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with or relating to the actions and activities of any third-party contractors and suppliers of services we may engage to provide services to you.
13.4. Notwithstanding the foregoing, the sole and entire maximum liability of the Company Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the charges paid by you directly to Company via the service, if any, for services provided solely and directly by Company to you.
13.5. You agree that regardless of any statute or law to the contrary, any claim you may bring must be filed within one (1) year after the cause of action occurred or it will be permanently barred.
13.6. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
13.7. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
14. Purchases and Payments.
14.1. Contracts. Contracts for rentals , if any, are completed and performance of the contract is binding on the Host and Renter as soon as the rental is completed. Except as may be otherwise stated herein we do not issue refunds for any fee we may collect.
14.2. Pricing. Pricing and availability are displayed through the Site are subject to change at any time before you click the button indicating that you want to enter into a rental.
14.3. Payment Processing Methods. Company may make available various payment processing methods to facilitate the purchase of the Company Service. You must abide by any relevant terms and conditions or other legal agreements with third party payment processors, that govern your use of a given payment processing method. Company may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, Company or the payment processor may charge your credit card or other payment method that you provide us for any Services purchased, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make via the Service.
15. Hosts, Renters Transactions.
15.1. When a Host lists a vehicle for rental on the Site, the Host will include any terms and conditions that will apply to the rental (the “Rental Terms”). These Rental Terms supplement this TOS and are incorporated herein as though fully stated. When a Renter agrees to rent a vehicle, and a Host agrees to rent a vehicle, they agree to those vehicle Terms. If there is any inconsistency between the Item Terms and this TOS, this TOS shall control.
16.1. The Company respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, the Company will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
16.2. Procedure for Notifying the Company of Copyright Infringement. If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:
(i) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(ii) A description of where the material that you claim is infringing is located on the Site;
(iii) An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not us, can contact you;
(iv) A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
(v) A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
(vi) Your electronic or physical signature.
16.3. We may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.
Pursuant to 17 U.S.C. 512(c).
NOTE TO CLIENT. Register your Designated Agent here, then remove this link.
https://www.copyright.gov/dmca-directory/17. Neither party shall be liable to the other by reason of any failure of performance hereunder (except failure to pay) if such failure arises out of strikes, lock-outs or other labor disputes, riots, civil disturbance, actions or inaction of governmental authorities or suppliers, epidemics, pandemics, wars, embargoes, storms, floods, fires, earthquakes, acts of God or the public enemy, widespread power outage, nuclear disasters or default of a common carrier (each a “Force Majeure Event”). Lack of finances or a mere failure to have adequate and suitable equipment, material, labor forces, or other facilities available to perform shall not constitute a Force Majeure Event. Any party experiencing a Force Majeure Event shall give as prompt notice as is possible under the circumstances. In the case of such Force Majeure Event, the time for performance required by a party under this Agreement will be extended by the length of any period during which performance is prevented by the Force Majeure Event. Furthermore, if such extension interferes with the other party’s ability to perform its obligations, then the time for other party’s performance will also be extended. Notwithstanding the above, if a delay or failure by a party to perform its obligations under this Agreement due to a Force Majeure Event exceeds forty-five (45) Business Days, any party may terminate this Agreement effective upon ten (10) business days written notice to the other party. The Agreement, and any Schedules, Exhibits and Statements of Work thereto, constitutes the entire agreement between the parties and contains all of the agreements between the parties with respect to the subject matter hereof; this Agreement supersedes any and all other agreements, either oral or in writing (including any interim agreements executed by the parties), between the parties hereto with respect to the subject matter hereof. No change or modification of this Agreement shall be valid unless the same be in writing and signed by an officer of Contractor and OTL, respectively. Neither party will have the right to assign, pledge or transfer all or any part of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed, except that OTL may assign this Agreement or an affiliate or in connection with any merger, consolidation, sale of the relevant assets or any other transaction in which substantially all of the equity or assets of the business unit of OTL responsible for the performance of this Agreement are transferred. All notices and other communications hereunder shall be in writing and shall be deemed given on delivery if delivered personally or sent by facsimile transmission with electronic confirmation, or four (4) business days following such notice being sent, if mailed by registered or registered, postage prepaid, to the other Party at the addresses as last reported to the other Party. The relationship of the parties established by this Agreement is solely that of independent contractors, and nothing contained in this Agreement shall be construed to (a) give any party the power to direct and control the day to day activities of the other; or (b) constitute such parties as Contractors, co-owners or otherwise as participants in a joint or common undertaking; or (c) make either party an agent of the other for any purpose whatsoever. . If any provision of this Agreement is held by a competent court to be invalid or unenforceable under applicable law, then such provision shall be severed from this Agreement and the remainder of this Agreement shall be interpreted as if such provision were so severed and shall be enforceable in accordance with its terms; provided, however, that in such event this Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the severed provision as determined by the Parties or as determined by court of competent jurisdiction. Those provisions stated in this Agreement, which by their nature should survive termination, and all accrued and unpaid obligations arising hereunder, shall survive the expiration or termination of this Agreement for any reason. No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach shall not be construed to be a waiver of any succeeding breach or of any other covenant. All waivers must be in writing and signed by the party waiving its rights. The paragraph headings of this Agreement are inserted for convenience only and shall not constitute a part of this Agreement for the purposes of construing or interpreting any provision hereof. Whenever the context requires, words used in the singular shall be construed to include the plural and vice versa, and pronouns of any gender shall be deemed to include and designate the masculine, feminine or neutral gender. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one single agreement between the parties. Each Party shall use all reasonable efforts to take all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of