Fetch Terms of Service

Contract For Renters

This Contract For Renters, including the Schedules (together, this "Contract"), is a legal agreement between GoTranspose, Inc. ("Fetch", "we", or "us") and the Customer (as "Customer" is defined below; and sometimes referred to herein as "You"). You agree that accessing or using the Services constitutes acceptance of any amended terms and conditions in a revised Contract about which we may notify You or which may post on our website.

Reservation rates, fees and taxes are subject to change. You may review your total estimated reservation cost before you confirm your reservation.

Certain provisions of this Contract and the Rules related to your use of the Services may vary based upon the jurisdiction in which you reserve or use a Vehicle The jurisdiction-specific Contracts are available through the Fetch websites.

Definitions

In this Contract, the following definitions apply:

"Customer": The person registered as the Customer, unless specifically indicated otherwise in this Contract, and the person designated to receive and pay all fees, charges and other costs associated with the Fetch service, including driving charges and other costs or fees as indicated in the Rules and Schedules described below.

"Rules": All the rules, guidelines or policies of Fetch related to a Customer's use of the Fetch service, whether set forth in this Contract, appearing elsewhere on Fetch's websites or otherwise issued from time to time by Fetch.

"Schedules": All the schedules, rate plans and policies referenced in or incorporated into this Contract.

"Services" means the Vehicle rental service, including Fetch's websites, blog, and mobile applications.

"You" or "your" means the person identified as the customer elsewhere in this agreement, any person signing this Contract, any Authorized Driver and any person or organization to whom charger are billed by us at its or the customer's discretion. All persons referred to as "you" or "your" are jointly and severally bound by this Contract.

"Authorized Driver" means the renter and any person approved, verified and authorized by Fetch to drive the Vehicle, provided the person has a valid driver's license and is at least age 21. Only Authorized Drivers may operate the Vehicle.

"Vehicle" means the automobile or truck identified that you reserve and rent via this Contract, and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents.

"Physical Damage" means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage or loss, such as: loss of the Vehicle due to theft; vandalism; act of nature; riot or civil disturbance; hail, flood; or, fire. Physical damage excludes interior burn holes, window stars or cracks not caused by collision or upset.

"Loss of use" means the loss of our ability to use the Vehicle for any purpose caused by damage or loss during the rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damage or lost until it is repaired or replaced, times the daily rental rate.

Basic Terms of Use of the Fetch Service

This Contract is for a Vehicle-rental service offered by Fetch or one of its affiliated companies or partners ("Fetch", "us", or "we")), but does not in itself confer any right to use any Vehicles. A Customer may only use Vehicles, to the extent available, in accordance with the terms of this Contract and subject to paying all applicable fees and charges.

The Customer's use of and rights in relation to any Services, the Vehicle or any item provided by Fetch under this Contract are limited to those rights of use stated in this Contract.

Eligibility

To be eligible for our service, the Customer must:

Be at least 21 years of age.

Hold an active and valid driver's license that authorizes the Customer to drive in the jurisdictions in which the Customer will use Vehicles.

The only driver eligible to drive a Vehicle is the individual whose driver's license was submitted to Fetch during the reservation process. No other drivers are allowed to operate a Vehicle.

Accurately, truthfully and fully complete the application process with Fetch and deliver all information and documents requested in the application or otherwise.

Agree to all terms, conditions and policies available on the Fetch website.

Acceptance of the customer is subject to approval by Fetch in its sole discretion and, without limiting the foregoing, customer may be denied based upon other factors determined by Fetch in its sole discretion. In addition, even if approved for rental, a Customer may be restricted from driving certain Vehicles based upon the Customer's driving history and experience.

Fees and Responsibilities of the Customer

The Customer is required to pay all fees and costs incurred when due, including, without limitation, driving record/insurance verification fees, driving charges (including but not limited to mileage overage and surcharge and/or toll fees), sales and other taxes and levies, and other costs and fees. Customers are billed for amounts due via credit or debit card or other means as established by Fetch. Any Customer account which is past due will be suspended; however, any reservations booked in advance shall still be charged to the Customer if not timely cancelled by the Customer. If payment of any amount due is rejected by the credit or debit card provided by the Customer, the use of Fetch's services may be suspended. Customers are responsible for providing and maintaining current credit card or debit card information on file with Fetch. Ongoing issues with credit or debit card billings may result in termination of rental. Under no circumstances will Fetch be responsible for any overdraft or other fees charged by a Customer's credit card company or bank. For past due accounts, Fetch may also change when payment is due and/or terminate the Customer's account. In addition, Fetch may utilize third parties to collect amounts owed to Fetch by a Customer and the Customer will also be responsible for any collection or similar fees associated with these collection activities.

You will pay us, or the appropriate government authorities, on demand all charges due us under this Contract, including, but not limited to (a) time and mileage for the period you keep the Vehicle, or a mileage charge based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (d) applicable taxes; (e) all parking, traffic and toll violations, fines, penalties, forfeitures, court costs, towing, impound and storage charges and other expenses involving the Vehicle assessed against us or the Vehicle, unless these expenses are our fault; (f) a $50 abandonment fee, plus $5/mile for every mile between the designated delivery location and the place where the Vehicle is returned, repossessed or abandoned, plus all other expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Contract; (g) all costs, include pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this agreement; (h) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%) on all amounts past due; (i) a reasonable fee to clean the Vehicle if returned substantially less clean than when rented; (j) a reasonable refueling fee, if fuel is not included within the price of your rental, and the Vehicle is not returned with the same amount of fuel as at pick up.

All Fetch customers agree to and will be responsible for an authorization (deposit) and hold on their credit or debit card at the time of their rental. We may use your deposit to pay any amounts owed to us under this Contract.

Customers are responsible for providing and maintaining current email, mobile phone, and other account information. Telephone calls, email correspondence and social media communications with Fetch may be recorded or monitored. By using these communication methods you are consenting to the recording or monitoring of your calls, emails and social media communications.

By applying for Fetch rental, each applicant authorizes Fetch to obtain his/her driving records from the jurisdiction in which the applicant is licensed. Customers who do not have a driver's license from the jurisdiction in which they reside must comply with the licensing requirements of such jurisdiction for driving in that jurisdiction. In addition, Fetch may at any time require Customers to demonstrate compliance with the licensing laws of their jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in their jurisdiction of residence. Fetch reserves the right to request additional information, such as a copy of a passport or proof of address at any time. Because driving a Vehicle requires maintaining a good driving record, Fetch may, from time to time, check Customers' driving records and reserves the right, at its sole discretion, to suspend or terminate any Customer who does not meet Fetch's eligibility requirements. If the Customer's license is suspended or revoked or becomes invalid, if the Customer has any further endorsements or accidents on their driving record, or if the Customer is convicted of or receives a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, the Customer agrees to report such suspension, revocation, changes, conviction or citation to Fetch promptly. Failure to notify Fetch of any such events may lead to the Customer not being covered by Fetch's liability protection when driving a Vehicle and/or termination of rental.

By using our services, you authorize us, directly or through third parties, to:

  1. make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or mobile phone, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity.
  2. obtain consumer reports from consumer reporting agencies about you when you apply for a rental. You expressly authorize us to use the information that we obtain from such reports to provide you with service you may request, make decisions related to the servicing, and perform other statistical analysis.
  3. collect background check information for drivers. A background check report is a type of check in which information (which may include, but is not limited to, criminal background, driving reports/background, character, general reputation, personal characteristics, and mode of living) about a renter is gathered and communicated by a consumer reporting agency to us. We may use this for the purpose of evaluating renters in connection with their application or continued eligibility on our platform.

Late Fees. If you return the Vehicle later than the end reservation time, you will be charged per hour at the hourly usage rate of the Vehicle unless you have reported the Vehicle as stolen. You must click "End Rental" in the Fetch app upon returning the Vehicle. Failure to do so may result in late fees. Subject to Vehicle availability, you may be able to extend your reservation end time to avoid a late fee. You will be charged for the additional time if you choose to extend your reservation.

If a Vehicle is more than 12 hours overdue, and the Fetch rental period has not been extended with all fees paid, then you must return and surrender the Vehicle immediately.

Cleaning Fee. You are to return the Vehicle in a clean condition for others to use. If found otherwise (ex. mud, excessive dirt, odor or residue from smoking, pet hairs, etc.) you will be charged a cleaning fee to recondition the Vehicle, plus applicable taxes.

Renter agrees:

  1. The vehicle will be operated only on designated roadways commonly used by the public.
  2. The vehicle will not be operated by any driver:
    1. under the influence of alcohol or drugs.
    2. other than Renter and Additional Drivers named in the Booking Form, or a licensed vehicle maintenance service person.
    3. whose driver license is suspended or revoked.
    4. for any unlawful purposes or pursuits.
    5. outside of the fifty (50) states of the United States.
  3. The vehicle will not be used:
    1. to push any vehicles.
    2. to tow any vehicle, device or trailer.
    3. in preparing for, or participating in, any racing, stunting, or any similar competition
    4. with the vehicle, or on the track in any facility designed for racing, speed contests or driver training, unless only crossing to park on the infield.
    5. by anyone while sending or receiving any electronic message, text (SMS) or emails.
    6. in the commission of a crime or any act of vandalism, terrorism or any other illegal activity.
  4. The vehicle will not be towed except by a licensed towing service vehicle qualified by and approved by Fetch, its designated representatives, or Owner for towing.
  5. No person will be allowed to climb onto the roof of the vehicle, even if the vehicle is equipped with a rear ladder.
  6. No person will occupy the vehicle while it is being towed by another vehicle.
  7. The vehicle will not transport any flammable, toxic, volatile, poisonous, dangerous, or illegal substances except as required for the normal operation of the vehicle or in connection with normal vehicle systems as designed by the manufacturer, and then only in the safe and approved storage designed for the vehicle’s operational use.
  8. There will be no mechanical service to the vehicle, nor replacement of parts or accessories, during the rental without prior approval from the Owner, Fetch, or its designated representative.
  9. The vehicle will not be used in violation of any express policy or instructions provided by the Owner in addition to this Rental Agreement. 
  10. Neither pets nor other animals (other than a service animal) shall be allowed in the vehicle without consent from the Owner.
  11. No smoking shall be allowed in the vehicle.
  12. Riding in the cargo area of the vehicle is not permitted.

Cancellation Policy

Canceling your reservation at least 48 hours before your reservation date and time will result in no charge. Failing to cancel at least 48 hours before your reservation date, or failing to show, will result in a charge of your full reservation amount to your credit card. Taxes may apply.

Tracking Devices. We use GPS and diagnostic tracking devices to track or locate cars as necessary, car's condition, performance and operation, track fuel consumption, distance travelled, location and other information We may transmit such information to us, our third party providers and/or the car manufacturer.

Repossession. Fetch, the Vehicle owner and/or hired agent of Fetch or of the Vehicle owner may repossess any Vehicle rented without demand, at the renter's expense, if the Vehicle is not returned by the end of the reservation, is found illegally parked or apparently abandoned, or is used in violation of applicable law or this Agreement.

Damages and Insurance

Damages Generally: A Customer is responsible for any and all damage, or theft, that occurs to a Vehicle while in the Customer's possession or control (including the entire time the Vehicle is reserved under the Customer's account), even if damage is weather-related, caused by a third party, not the fault of the renter, or arises from similar causes , and is responsible for the full value of any damages or injuries caused to third parties or their property. Such damages include, without limitation, the repair costs (estimated or actual) for the Vehicle and third party property, injuries to third parties, costs associated with the recovery or transportation of Vehicles, and the loss of use of Vehicles or third party property.

You understand that third parties own the Vehicles offered through the Services. Each owner 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. Customer must complete inspection of Vehicle before use; If you find damage on your initial inspection and fail to report it, Fetch may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the Vehicle is not safe to drive, please do not use the Vehicle; in that event, please contact the Fetch team immediately at 1-404-920-4133

You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them, and no later than 48 hours after the time of such damage occurs.

You must return the Vehicle to the designated return area, on the date and time specific in your reservation, and in the same condition that you received it, except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for the safety of, and any damage to, or loss of, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels

Third Party Liability

You are responsible for all damage or loss you cause to others. You agree to provide auto liability, collision and comprehensive insurance covering you, us and the Vehicle. Where state law requires us, or the vehicle owner, to provide auto liability insurance, or if you have no auto liability insurance, we, or the vehicle owner, will provide auto liability insurance that is secondary to any other valid and collective insurance whether primary, secondary, excess or contingent. The policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. The policy is void if you violate the terms of this Contract, or if you fail to cooperate in any loss investigation conducted by us or our insurer.

The following exclusions apply for all coverages:

  1. Any use where a renter does not have an approved Fetch account
  2. Any use where a reservation check-in has not been completed by a renter or has not been marked as in-progress by Fetch
  3. Any driver/operator exposure for a vehicle/renter that has its own verified commercial insurance
  4. Any delivery platform exposure when such use isn’t reported prior to the rental
  5. Any use where a telematics device has not been installed
  6. Prohibited delivery platforms and specific periods
  7. Any loss due to loading and unloading of the vehicles
  8. Any loss or damage of vehicle contents
  9. Any use by an operator that has not passed DigiSure’s TrustScore screening.
  10. Any vehicles that are not pickup trucks or cargo vans
  11. Ridesharing/passenger conveyance
  12. Assault and battery
  13. Sexual abuse and molestation
  14. Communicable Diseases

Other conditions for the Digisure Protection Package, when provided to and elected by renters:

  1. Coverage will be excess over any collectible insurance, when allowable by state law or statute.
  2. Insurance limits are eroded by any commercial coverage for delivery platform use.
  3. If any accident or loss occurs as a result of an unauthorized driver or use, as defined by Fetch‘s eligibility, renter agreement and/or terms of service or any equivalent, the auto liability limits shall be capped at the state minimum allowable by law and any physical damage to the vehicle will be the responsibility of the renter.
  4. Coverage is not available for autos registered or picked up in New York.
  5. The first named insured is responsible for any deductibles not paid by renter.
  6. ALAE (Allocated Loss Adjustment Expense) is subject to deductible recoveries.
  7. There is no stacking of coverage limits allowed.

Any violation of the above terms will result in loss of coverage under the DigiSure Protection Package.

Term and Termination

This Contract shall commence upon the acceptance by Fetch of the Customer's rental application. The term of this Contract shall continue until such time as customer discontinues use of Fetch services and rentals.

Fetch may terminate this Contract at any time.

Fetch may also, upon notice to the Customer, immediately terminate this Contract if the Customer (a) fails to pay any sum due under this Contract, (b) fails to comply with any term or condition specified in the Contract or any Rules, (c) is involved in an incident with a Vehicle that, in Fetch's reasonable sole discretion, renders the Customer ineligible or inappropriate for continued rental, (d) engages in any activities or conduct that Fetch, in its reasonable sole discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable; or (e) is not paying the Customer's debts as such debts generally become due, becomes insolvent, files or has filed against the Customer a petition (or other document) under any bankruptcy or insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition (or document), proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors, makes a general assignment or trust mortgage for the benefit of creditors, or if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of the Customer's property or business. No fees will be refunded in the event of termination pursuant to this Section.

Upon termination, all of the Customer's rights to use Fetch's services and Vehicles shall immediately terminate and Customer agrees to return immediately any vehicle or any other property of Fetch or its partners that the Customer has in the Customer's possession. Additionally, the Customer shall be responsible for and agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this Contract, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to Fetch).

Limitations of Liability

UNDER NO CIRCUMSTANCES WILL FETCH BE LIABLE TO ANY CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS CONTRACT OR USE OF THE FETCH SERVICES. Without limiting the foregoing, Fetch shall have no liability for any loss of, or damage to, any goods in or on the Vehicle or in or on any third party vehicle, any loss, damage, injury or death in relation to any Customer or any third party arising from the use of a Vehicle, loss or damage incurred by the Customer as a result of any claims made by a third party, or loss or damage incurred by the Customer arising from or in relation to either (i) the reservation, non-availability, supply, operation or use of a Vehicle or (ii) any Vehicle accessories, whether supplied by Fetch or by a Customer (for example, luggage racks, bicycle racks, baby seats and the like; the Customer is responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or failure to carry out our responsibility.

You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting form, or arising out of, this reservation and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.

You release us, our agents and employees from all claims for loss of, or damage to, your personal property (including a vehicle) or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.

Dispute Resolution by Binding Arbitration and Class Action Waiver

Pre-Dispute Resolution Procedure. Before asserting a claim in any proceeding (including in an individual arbitration or in a small claims proceeding), you and Fetch agree that we shall give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you are intending to assert a claim against Fetch, you must send the written notice of the claim to Fetch Legal 8601 Dunwoody Place, Suite 101, Sandy Springs GA 30350. An electronic copy must also be emailed to contact@fetchtruck.com. If Fetch is intending to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).

Agreement to Arbitrate. Except as otherwise provided in this dispute resolution provision, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, you and Fetch agree to arbitrate all disputes and claims, including the interpretation and scope of this provision, and the arbitrability of the dispute or claim.BY AGREEING TO RESOLVE DISPUTES THROUGH ARBITRATION, YOU AND FETCH AGREE TO EACH UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT.

Class Action Waiver. YOU AND FETCH AGREE THAT ANY CLAIMS BROUGHT BY YOU OR FETCH WILL BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND WILL NOT BE BROUGHT AS A CLASS, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. You and Fetch agree to seek only such relief-whether in the form of damages, an injunction, or other non-monetary relief-as is necessary to resolve any individual injury that either you or Fetch have suffered or may suffer. In particular, if either you or Fetch seek non-monetary relief, such relief must be individualized and may not affect individuals or entities other than you or Fetch. This requirement that claims be brought in binding arbitration only in an individual capacity and not as a representative, private attorney general, or class Customer ("Class Action Waiver") is non-severable. If the Class Action Waiver is found to be unenforceable, then the entirety of this dispute resolution provision shall be null and void.

Applicable Law and Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial disputes from the American Arbitration Association ("AAA"). As modified by this Contract, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. For more information on AAA, its rules and procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

Hearings and Decisions. If you are an individual, arbitrations will proceed at a location that the arbitrator selects in the county of your primary residence unless you and Fetch agree otherwise. If you are not an individual person (but are instead, for instance, a partnership, corporation, or other form of entity or non-natural person) (hereafter "Entity Customer"), arbitrations shall proceed at a location that the arbitrator selects unless you and Fetch agree otherwise.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's award shall be final and may be enforced in any court of competent jurisdiction. Further, an arbitrator's award and any judgment confirming it shall apply only to that specific case and cannot be used in any other case except to enforce the award itself.

Fees and Costs. If you are an individual (and not an entity Customer), in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Fetch will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Fetch also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration. However, Fetch will not pay your share of the arbitration fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).

Small Claims, Personal Injury Claims and Vehicle Damage or Loss Claims. The following disputes and claims are exempt from Sections 9.2-9.7: (a) disputes and claims that are within the scope of a small claims court's authority; (b) disputes and claims regarding personal injury and/or damage to or loss of a vehicle related to your Fetch reservation; and (c) if you are an Entity Customer, disputes over the validity of any party's intellectual property rights.

Conflicts. In the event of any conflict between this dispute resolution provision and any other dispute resolution provision in any other agreement between you and Fetch, the dispute resolution provision in this Contract shall govern.

Modification of this Provision. Notwithstanding any provision in these this Contract to the contrary, we agree that if Fetch makes any material change to this arbitration provision, including the deletion of this provision, that change will not apply to any dispute that you had already provided Fetch notice of in writing.

Breach of Contract

The acts listed here are prohibited uses of the Vehicle. Any loss or damage that (a) is caused by anyone who is not an authorized driver, or by anyone whose driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of prescription or non-prescription drugs or alcohol; (c) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs while the Vehicle is used in furtherance of any illegal purpose or any circumstance that would constitute a violation of low, other than a minor traffic violation; (e) occurs while carrying persons or property for hire or while pushing or towing anything, or in any race, speed test or contest; (f) occurs while teaching anyone to drive; (g) occurs while carrying dangerous or hazardous items or illegal material in or on the Vehicle; (h) occurs when Vehicle is loaded beyond its capacity (i)occurs as a result of driving the Vehicle on unpaved roads; (j) occurs while transporting more persons than the Vehicle has seat belts, or while carrying persons outside the passenger compartment; (k) occurs while transporting children without approved child safety seats as required by law; (l) occurs and the odomoter has been tampered with or disconnected; (m) occurs when the Vehicle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (n) results from inadequately secured cargo; (o) where applicable, is caused by anyone who lacks experience operating a manual transmission; (p) is a result of your willful, wanton or reckless act or misconduct; (q) occurs and you fail to summon the police to any accident involving personal injury or property damage; or (r) is caused by an animal transported in the Vehicle; breach this agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this agreement.

Rental Indemnity and Warranties

This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of the law or this Contract. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this rental and your use of the Vehicle. We may no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.

Modifications

No term of this Contract can be waived or modified except by a writing that we have signed. This Contract constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.

Miscellaneous Provisions

By becoming a Fetch Customer, the Customer represents and warrants to Fetch that the Customer has received all explanations as the Customer may have reasonably requested concerning the content of this Contract, including all Schedules, and that the Customer has carefully reviewed and understands the Customer's commitments and obligations hereunder. The Customer also represents that the Customer acknowledges that any information shared by, or collected from or about, the Customer may be used by Fetch for its legitimate business purposes.

The rights granted to the Customer under this Contract are not assignable or transferable, in whole or in part. Any attempt to transfer this Contract without the written consent of Fetch shall be void and of no force and effect. Fetch may assign this Contract to an affiliate or to another entity in connection with a corporate transaction or otherwise.

No delay or omission by Fetch to exercise any right or power occurring upon any noncompliance or default by the Customer with respect to any of the terms of this Contract shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Fetch of any covenant, condition, or agreement to be performed by the Customer shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Contract shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

If any term, provision, covenant or condition of this Contract is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Contract had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.

This Contract is governed by the laws in force in the State of Georgia and shall be interpreted according to the internal laws of such State, without reference to its conflicts of laws or choice of law rules. All disputes hereunder shall be resolved solely in the applicable state or federal courts of Georgia. The parties hereby consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

A waiver by us of any breach of this agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this agreement. Our acceptance of payment from you or our failure, refusal or negligent to exercise any of our rights under this Contract does not constitute a waiver of any other provision of this Contract. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a Vehicle. If any provision of this Contract is deemed void or unenforceable, the remaining provisions are valid and enforceable.

Any notices or communication required or permitted to be given to the Customer shall be in writing and shall be sufficiently given if delivered by email or mailed to the Customer at the email or postage address provided to Fetch in the Customer's completed application or as updated by the Customer and on file with Fetch. Any notices or communication required or permitted to be given to Fetch shall be in writing and shall be sufficiently given if delivered via U.S. mail as follows:

GoTranspose, Inc.
8601 Dunwoody Place
Suite 101
Sandy Springs, GA 30350

Any notice sent via U.S. mail shall be deemed to have been received on the fourth business day after it was posted.


For Vehicle Owners and Partners

This Contract For Vehicle Owners, including the Schedules (together, this "Contract"), is a legal agreement between GoTranspose, Inc. ("Fetch", "we", or "us") and the person or entity ("you") offering one or more vehicles for rental to consumers on the Fetch web-based reservations platform (the "Services" or the "Fetch Services"). You agree that using the Services constitutes acceptance of any amended terms and conditions in a revised Contract about which we may notify You or we may post on our website.

Definitions

In this Contract, the following definitions apply:

"Customer": The person registered as the Customer, unless specifically indicated otherwise in this Contract, and the person designated to receive and pay all fees, charges and other costs associated with the Fetch service, including driving charges and other costs or fees as indicated in the Rules and Schedules described below.

"Rules": All the rules, guidelines or policies of Fetch related to a Customer's use of the Fetch service, whether set forth in this Contract, appearing elsewhere on Fetch's websites or otherwise issued from time to time by Fetch.

"Schedules": All the schedules, rate plans and polices referenced in or incorporated into this Contract.

"Services" means the Vehicle rental service, including Fetch's websites, blog, and mobile applications.

"You" or "your" means the person identified as the customer elsewhere in this agreement, any person signing this Contract, any Authorized Driver and any person or organization to whom charger are billed by us at its or the customer's discretion. All persons referred to as "you" or "your" are jointly and severally bound by this Contract.

"Authorized Driver" means the renter and any person approved, verified and authorized by Fetch to drive the Vehicle, provided the person has a valid driver's license and is at least age 21. Only Authorized Drivers may operate the Vehicle.

"Vehicle" means the automobile or truck identified that you reserve and rent via this Contract, and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents.

"Physical Damage" means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage or loss, such as: loss of the Vehicle due to theft; vandalism; act of nature; riot or civil disturbance; hail, flood; or, fire. Physical damage excludes interior burn holes, window stars or cracks not caused by collision or upset.

"Loss of use" means the loss of our ability to use the Vehicle for any purpose caused by damage or loss during the rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damage or lost until it is repaired or replaced, times the daily rental rate.

Information Given at Registration

When you sign up for the Services, you will identify vehicle(s) that you want to list for rent to consumers through the Services. Each vehicle must meet the vehicle requirements set forth herein. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to rent out.

By using our services, you authorize us, directly or through third parties, to:

  1. make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or mobile phone, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity.
  2. obtain consumer reports from consumer reporting agencies about you when you apply for a rental. You expressly authorize us to use the information that we obtain from such reports to provide you with service you may request, make decisions related to the servicing, and perform other statistical analysis.
  3. collect background check information for drivers. A background check report is a type of check in which information (which may include, but is not limited to, criminal background, driving reports/background, character, general reputation, personal characteristics, and mode of living) about a renter is gathered and communicated by a consumer reporting agency to us. We may use this for the purpose of evaluating renters in connection with their application or continued eligibility on our platform.

Vehicle Availability

Once a rental is booked, you must make the vehicle available or deliver the vehicle as expected by the consumer renting the vehicle.

Trip Fees

Fetch will pay you the amount collected from those who rent your vehicle through the Services, less the applicable fees payable to Fetch as set forth herein. To the extent you owe Fetch money for any reason, Fetch also reserves the right to deduct those amounts from your payment. Additional information about owner earnings and payouts can be found on our support website.

Taxes & Airport Permitting Fees

You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes, license fees, or other fees in connection with your use of our Services. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor. You, and not Fetch, are responsible for paying any such fees.

Maintenance

You are required to regularly check your vehicle for any defects in its operations or safety. You promise to Fetch 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, 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 rented. In addition, if Fetch believes that your vehicle does not conform to reasonable safety, driveability, convenience or other standards, Fetch will so notify you and reserves the right to remove or decline listing your vehicle on the Services until our concerns have been resolved. Fetch has the right, but in no circumstances or event has the obligation, to undertake efforts to ensure the safety of vehicles rented through the Services.

All vehicles offered through the Fetch Services must meet the following requirements:

Incident Reporting. 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 48 hours after the scheduled end of reservation) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, Fetch 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 Fetch is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Fetch or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any financial responsibility for such damage.

 

Physical Damage. During each reservation period where you opted to receive a protection plan made available via the Services by Fetch or its insurance partners, Fetch or its insurers will bear the risk of damage with respect to your vehicle, subject to the Terms. In the event of a loss that is covered by the Agreement, Fetch, its insurers, and/or its adjusters will, at their option, pay you either the reasonable and actual expenses of repair of the vehicle or the actual cash value (“ACV”) of your vehicle, up to $35,000, subject to a $1,000 deductible. Note, if Fetch or third-party claims administrators choose to pay you the ACV for your vehicle, you will be required to transfer title to the vehicle to Fetch or its agent. The standard for the vehicle’s ACV will be as determined by Fetch or its third-party claims administrators and in compliance with applicable law.

Fetch offers one protection plan for hosts that includes up to $1,000,000 in liability protection and $35,000 in physical damage protection. Hosts will have the benefit of third party liability protection, and summarized below:

For hosts to qualify for physical damage coverage for any event that qualifies as a covered peril during the reservation period, and for the guest to be held responsible for the damage, Fetch must have the following documentation:

(1) clear photo documentation from the host of the areas the host is seeking coverage for taken within 48 hours of the end of the trip that demonstrates that the damage occurred during the trip; or

(2) other evidence (e.g. a police report, third-party report) that demonstrates the damage took place during the trip

Deductible. There is a $1,000 deductible for physical damage, where hosts are responsible for the first $1,000 of physical damage to a vehicle. This deductible applies to all types of physical damage claims including, but not limited to, exterior damage, interior damage, flat tires, damaged tires, glass, and mechanical damage.

Wear and tear. Fetch does not offer coverage for exterior wear and tear for host vehicles. Interior wear and tear is not covered.

Loss of rental income and depreciation. Fetch does not offer loss of income or depreciation coverage.

Quality of repairs. There is no guarantee, expressed or implied, for the quality of repairs.  If a shop repairs the covered damage and the repairs later turn out be of low quality, there will be no coverage for repeat repairs.

 

General Definitions:

 

 

 

 

In all cases, the vehicle owner’s protection is not affected by whether and how much Fetch may collect from guests or other third parties, nor is the host’s chosen vehicle protection plan related to whatever protection the primary guest may have selected.

 

For Commercial Hosts who have or provide their own commercial rental insurance instead of a Fetch protection plan, they do not benefit from any protection from claims, damages, or any other circumstance as described in the above sections. A host who declines a protection and opts into the Commercial Host program must resolve any and all damages and disputes directly with their guests and their commercial insurance provider.

 

Damage Exclusions. There are some exceptions to Fetch’s obligations in the “Physical Damage” section above, even where you have selected a protection plan made available via the Services. Fetch and its insurers and producers are not responsible for any optional products, additional products or any other personal property, including any aftermarket installations (e.g. equipment racks), that are taken from your vehicle or damaged during a reservation period. We recommend that you remove all personal property before making the vehicle available for a reservation. In addition, you should expect normal wear and tear on your vehicle and optional products, including minor scrapes and dings, in connection with your participation in the Services. Fetch will not reimburse you for normal wear and tear to your vehicle. Any protection, coverage, and/or insurance provided may be voided if you violate these Terms, our Policies, and/or submit inaccurate information about your vehicle when listing it for sharing on the Services (for example, falsely represent the make, model, or year of the vehicle).

 

Other Insurance and Legal Matters. In addition to the terms provided in the “Terms for Protection Plans” section above and “Owners who decline Fetch protection” section below, you agree to comply with any and all applicable laws and regulations, including applicable registration and minimum insurance requirements for your vehicle. As part of your participation in the Services, you must maintain your own insurance policy and meet any minimum insurance levels required by law. In the United States, there is personal vehicle sharing legislation that may apply to you. Where permitted by law and where you opted for a protection plan made available via the Services by Fetch, you hereby appoint Fetch (as the case may be) 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 unreturned or impounded vehicles. You also promise to maintain registration information and proof of insurance in your vehicle during every reservation period. Fetch may obtain insurance through a third party provider or may choose to self-insure (meaning Fetch takes on all or part or all of the insurance obligations itself, subject to all applicable laws and regulations). You agree to provide Fetch with information regarding your policy’s coverage as may be requested. You must inform Fetch promptly in the event information previously provided changes.

Indemnification. If you selected a protection plan via the Services, in the event of any claim for a loss or injury that occurs during the use of your vehicle by a guest, Fetch or its insurers will defend and indemnify you against such claims as required by applicable law. In connection with any indemnified claim, you are required to give Fetch or its insurers prompt written notice of the claim; allow Fetch sole control over the defense of the claim; and provide Fetch reasonable cooperation in its defense of the claim, at Fetch’s expense. If Fetch or its insurers reimburses you for a lost or damaged vehicle and you later receive payment for some or all of your vehicle from a third party (e.g. a third party insurance company or restitution), you must reimburse Fetch any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by Fetch

 

Missing Vehicles. 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 Fetch representative and follow his or her instructions, including cooperating with Fetch, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Fetch to file a police report, you must do so within 24 hours of receiving those instructions.

 

 

Specific Terms for Owners Who Decline Fetch Protection (“Commercial Hosts”)

 

If you decline a protection plan made available via the Services (such as if you choose to offer your own commercial/rental policy to guests) or where no protection plan is offered via the Services:

 

In exchange for keeping more of the trip price for yourself, when you decline a Fetch 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 Authorized Drivers of all of the vehicles you list on Fetch.

 

When you choose to provide your own commercial rental, 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 Fetch. 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. When you select to decline a protection plan or where none is offered in your region, you represent and warrant that (1) you are a licensed commercial rental car company or are authorized to act on behalf of and bind a commercial rental car company in connection with listing vehicles on Fetch; or (2) you are an individual or company, or are authorized to act on behalf of, and bind a company, that can offer commercial rental car insurance to guests.

 

You further acknowledge and agree that you shall receive no protection or coverage from Fetch, or any affiliates, whether that be financial responsibility for physical damage, third-party liability protection, uninsured or underinsured motorist coverage, PIP or any similar coverage or indemnification, roadside assistance, or trust and safety support as part of a booking of your vehicle(s) when you have chosen to provide your own commercial rental insurance. You shall add Fetch as an additional insured on all applicable automobile and excess liability policies. These provisions replace and supersede any representation made by Fetch, or those acting on behalf of Fetch, including but not limited to statements made on the Services, these Terms, FAQs, Policies, emails, and/or marketing materials, concerning insurance and/or protection and roadside assistance otherwise offered to host and guests when the owners do not decline protection via Fetch or Fetch Insurance Agency.

 

Fetch reserves the right to, but does not commit to, satisfy itself that you are, or are acting on behalf of, a licensed commercial rental car company and have the ability to offer commercial auto rental insurance to renters/drivers of your vehicles when you choose to decline protection. If Fetch has any concerns in this regard, you agree that Fetch can automatically, and in its sole discretion, default all of your vehicles back to any vehicle protection plan along with its associated fees (if offered in your region), remove your listings, or suspend your Fetch Account.

 

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 unlist your vehicle(s). If you need to permanently change the protection plan for your vehicle(s) back to a protection plan made available via the Services , contact us at contact@fetchtruck.com. 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. Fetch reserves the right, in its sole discretion, to default your vehicles back to a Standard protection plan, remove your listings, or suspend your Fetch Account for failure to be transparent up front with guests about fees, costs, and requirements in your vehicle listing page.

 

You acknowledge that the actual damages likely to result from breach of this Section are difficult to estimate and would be difficult for Fetch to prove. You will pay Fetch USD$5,000 in Liquidated Damages/Contract Penalties to compensate Fetch for any such conduct. This amount is not intended as a punishment for any such breach.

 

You shall defend, indemnify, and hold Fetch, 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.

 

Other Insurance and Legal Matters

You agree to comply with any and all applicable laws and regulations, including applicable registration and minimum insurance requirements, for your vehicle. As part of your participation in the Services, you must maintain your own insurance policy and meet any minimum insurance levels required by law. Where permitted by law, you hereby appoint Fetch 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, vehicle renters, or third parties to recover unreturned or impounded vehicles. You also promise to maintain registration information and proof of insurance in your vehicle during every rental period. You agree to provide Fetch with information regarding your policy's coverage as may be requested. You must inform Fetch promptly in the event information previously provided to Fetch changes.

Vehicle Requirements

All vehicles offered through the Fetch Services must meet the following requirements:

Fees and payment for access

You will pay all fees set forth in the "pricing" section on the Fetch website or in any order forms.

Invoicing and Payment. You will provide Us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Us. If You provide credit card information to Us. You authorize Us to charge such credit card for all Services. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.

Suspension of Service and Acceleration. If any amount owing by You under this Contract or any other agreement for Fetch Services is 30 or more days overdue (or 10 or more days overdue in the case of amounts You have authorized Us to charge to Your credit card), We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend the Services to You until such amounts are paid in full. We will give You at least 10 days' prior notice that Your account is overdue, before suspending Services to You.

Taxes. Our fees do not include any taxes, levies, local licensing fees, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, "Taxes"). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible, We will invoice You and You will pay that amount unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against Us based on Our income, property and employees.

Upon termination or removal of vehicles from Fetch, Customer will return all hardware devices issued by Fetch within 30 days. Customer is responsible for all costs and expenses to return devices to Fetch. If devices are not returned within 30 days of termination or removal of Customer vehicle from Fetch, Customer will be billed $500 per device that is unreturned.

Limitation of liability

Fetch's liability with respect to any single incident arising out of or related to this Contract or Your use of the Fetch Services will not exceed the amount paid by You hereunder in the month preceding the incident, provided that in no event will Fetch's aggregate liability arising out of or related to this Contract or Your use of the Fetch Services exceed the total amount paid by You to Fetch hereunder. The above limitations will apply whether an action is in contract or tort and regardless of the theory of liability. The foregoing disclaimer will not apply to the extent prohibited by law.

Exclusion of Consequential and Related Damages. In no event will either party have any liability to the other party for any lost profits, revenues or indirect, special, incidental, Consequential, cover or punitive damages, whether an action is in contract or tort and regardless of the theory of liability, even if a party has been advised of the possibility of such damages. The foregoing disclaimer will not apply to the extent prohibited by law.

Termination. A party may terminate this Contract for cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. Fetch may terminate this Contract at any time upon three (3) days notice to You.

Refund or Payment upon Termination. If this Contract is terminated, We will refund You any prepaid fees covering the remainder of the term after the effective date of termination. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination.

The State of Georgia's laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to this Contract or the Services will be decided by the state and federal courts in Fulton County, Georgia, and each party agrees to be subject to the jurisdiction of those courts.

Each party agrees to the governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.

Severability. If any provision of this Contract is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Contract will remain in effect.

Mutual indemnification

We will defend You against any claim, demand, suit or proceeding made or brought against You by a third party alleging that the use of the Services in accordance with this Contract infringes or misappropriates such third party's U.S. patent rights (a "Claim Against You"), and will indemnify You from any damages, attorney fees and costs finally awarded by a court against You as a result of a Claim Against You, provided You (a) promptly give Us written notice of the Claim Against You, (b) give Us sole control of the defense and settlement of the Claim Against You (except that We may not settle any Claim Against You unless it unconditionally releases You of all liability), and (c) give Us all reasonable assistance, at Our expense. If We receive information about a patent infringement claim related to the Services, We may in Our discretion and at no cost to You (i) modify the Services so that it no longer infringes, without breaching Our warranties, (ii) obtain a license for Your continued use of that Service in accordance with this Contract, or (iii) terminate Your subscriptions for the Services upon 30 days' written notice and refund You any prepaid fees covering the remainder of the term of the terminated subscriptions. The above defense and indemnification obligations do not apply to the extent a Claim Against You arises from Your breach of this Contract.

Indemnification by You. You will defend Us against any claim, demand, suit or proceeding made or brought against Us by a third party alleging that Your use of the Services in breach of this Contract infringes or misappropriates such third party's intellectual property rights or violates applicable law (a "Claim Against Us"), and will indemnify Us from any damages, attorney fees and costs finally awarded against Us as a result of, or for any amounts paid by Us under a court-approved settlement of, a Claim Against Us, provided We (a) promptly give You written notice of the Claim Against Us, (b) give You sole control of the defense and settlement of the Claim Against Us (except that You may not settle any Claim Against Us unless it unconditionally releases Us of all liability), and (c) give You all reasonable assistance, at Your expense.

Proprietary rights and licenses.


Reservation of Rights. Subject to the limited rights expressly granted hereunder, We and Our licensors reserve all of Our/their right, title and interest in and to the Services, including all of Our/their related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.

License by Us to Use the Services. We grant to You a worldwide, limited-term license, under Our applicable intellectual property rights and licenses, to use the Services as permitted under this Contract.

License by You to Host Your Data. You grant Us a worldwide, limited term license to host, copy, transmit and display Your vehicle and other data, as necessary for Us to provide the Services in accordance with this Contract. Subject to the limited licenses granted herein, We acquire no right, title or interest from You or Your licensors under this Contract in or to Your vehicle or other data.

License by You to Use Feedback. You grant to Us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by You relating to the operation of the Services.

Information from your Use of the Service: We may get information about how and when you use the Services. This information may include your IP address, time, date, browser used, and actions taken by you during Your use of the Services. We may also use that information to support and improve the Services or to develop other products and services.

Your use of the services.

Your Responsibilities. You will (a) be responsible for the compliance of your employees, contractors and affiliates with this Contract, (b) be responsible for the accuracy, quality and legality of Your vehicle and other data and the means by which You acquired that data, (c) use commercially reasonable efforts to prevent unauthorized access to or use of Services, and notify Us promptly of any such unauthorized access or use, and (d) use Services only in accordance with all applicable laws and government regulations.

Usage Restrictions. You will not (a) make the Services available to, or use any Service for the benefit of, anyone other than You or customers who rent your vehicle, (b) sell, resell, license, sublicense, distribute, rent or lease the Services, or include any Services in a service bureau or outsourcing offering, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, (e) attempt to gain unauthorized access to the Services or its related systems or networks, (f) copy the Services or any part, feature, function or user interface thereof, (g) frame or mirror any part of the Services, other than framing on Your own intranets or otherwise for Your own internal business purposes, (h) access the Services in order to build a competitive product or service, or (i) reverse engineer the Services (to the extent such restriction is permitted by law).