TERMS OF SERVICE
Effective Date: January 4, 2016
Welcome to FlightCar! This is a binding agreement (“Terms”) between you and FlightCar, Inc., (hereafter referred to as "FlightCar", "we", "us", or "our") that applies whenever you use our website, accessible at http://www.flightcar.com and any other websites or mobile applications we offer now or in the future (collectively the “Site”).
By accessing or using the Site, you agree to comply with and be legally bound by these Terms. If you do not agree with these Terms, do not create an account and do not use the Site.
If you decide to list a vehicle with FlightCar you will be subject to the Owner Policy, and if you decide to rent a vehicle with FlightCar, you will be subject to the Visitor Policy.
THIS AGREEMENT CONTAINS A LIMITED MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS IN SOME CASES, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Please email us at email@example.com if you have questions about this agreement.
We will make changes to this Site as our products and services evolve. If we make changes that materially affect your rights, we will communicate the modification via the Site or by email to the address we have on file for you. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site. Your continued use of the Site after an appropriate notice period constitutes your acceptance of the revised Terms. However, any dispute that arose before changes are made shall be governed by the Terms that were in place when the dispute arose.
This Site is intended solely for licensed drivers eighteen (18) years of age or older. By registering with the Site you represent and warrant that you are over the age of eighteen. In order to list or rent a vehicle from FlightCar, you will need to meet additional eligibility requirements.
You may access the Site, and search for Vehicles without creating an account. To access additional features, such as listing or renting a vehicle, you will need to create an account. Your account will allow you to use the Site as both a Visitor and an Owner – separate accounts are not required. You are classified as a “Visitor” when you use the functions of the Site pertaining to renting a vehicle. You are classified as an “Owner” when you use the functions of the Site applicable to listing a vehicle to be rented. You may be considered both a Visitor and Owner.
Your account is for your personal use only. You may not create an account on behalf of a business or entity. You may not create more than one (1) FlightCar account. You may not use another user's account, permit anyone else to use your account, or assign or otherwise transfer your account to any other person or entity. You may control your user and vehicle profile(s) by changing the options in your account page.
By providing FlightCar your cell phone number, you consent to our using the phone number to send you SMS messages specifically about your interaction with the FlightCar service. You may not opt out of Site-related emails or SMS messages.
We may also use your email address to send you messages, such as changes to features of the Site and special offers. If you do not want to receive such messages, you may opt out by clicking “unsubscribe” at the bottom of any email or by changing your preferences in your Settings page. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.
You may create an account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site, as described below. As part of the functionality of the Site you may link your FlightCar Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to FlightCar through the Site; or (ii) allowing FlightCar to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. By granting FlightCar access to any Third Party Accounts, you understand that FlightCar will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site and via your FlightCar Account and FlightCar Account profile page.
ACCURACY AND SECURITY
When applying for and creating your account, you must provide accurate and complete information, and keep your account information current. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify FlightCar immediately of any unauthorized uses of your account. We are not responsible, including for damages of any kind, for any harm that may arise from inaccurate account information or unauthorized account activity.
Further, you acknowledge and agree that you are responsible for any and all listings you post. Accordingly, you represent and warrant that any listing you post and the booking of, or Visitor use of, a vehicle in a listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any vehicle included in a listing you post and (b) not conflict with the rights of third parties. Please note that FlightCar assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations.
When you select a vehicle for rental on the FlightCar website, you are selecting a vehicle of a certain class. FlightCar does not guarantee that the vehicle you choose online will be the same vehicle you get when you arrive at our station or that any reserved vehicle will be available at any particular time or location.
POLICIES AND PROCEDURES
If you are an Owner, you agree to our Owner Policy. If, you are an Owner, by listing a vehicle, you signify that you have read, understood and agree to be bound by the Owner Policies and Requirements. If you are a Visitor, you agree to our Visitor Policy. If, you are a Visitor, by renting a vehicle, you signify that you have read, understood and agree to be bound by the Visitor Policy.
You agree not to engage in any of the following prohibited activities:
(i) illegal activity of any kind;
(ii) copying, distributing, or disclosing any part of the Site including our rates, payments, and pricing in any medium, or by any method whatsoever including without limitation by any automated or non-automated “scraping”;
(iii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the FlightCar servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser except that FlightCar grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through the Site;
(vii) collecting or harvesting any personally identifiable information, including account names, from the Site;
(viii) using the Site for any commercial solicitation purposes;
(ix) interfering with the proper working of the Site;
(x) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
FlightCar may terminate your access to your account or to the Site for any reason in our sole discretion. All aspects of the Site are subject to change or elimination at FlightCar’s sole discretion. FlightCar reserves the right to stop offering the Site at any time.
By posting or transferring content to the Site, you give us permission to use your content to do the things we need to do to provide FlightCar services, including, without limitation, storing, displaying, reproducing, and distributing your content. This may include promoting your content on third party websites for broader broadcast, distribution or publication. We do not pre-screen content or listings, but we have the right (but not the obligation) to remove or delete any content you post or transfer to the Site for any reason in our sole discretion. You are solely responsible for any content you post to the site, including but not limited to any harm or damages that arise from misrepresentations or omissions, or from another user’s reliance on the accuracy of your content.
NOTICE TO CALIFORNIA RESIDENTS
Pursuant to California Insurance Code § 11580.24 (c) (4), FlightCar is required to inform you of the existence of § 11580.24 in the Code. This section pertains to personal vehicle sharing programs like FlightCar and generally serves to lay out requirements for sharing programs and define the relationship of the programs, the programs’ insurance companies, consumers, and consumers’ insurance companies.
DISCLAIMER, INDEMNIFICATION, AND LIMITATION OF LIABILITY
PLEASE READ THE FOLLOWING SECTIONS CAREFULLY; THEY MAY LIMIT THE LIABILITY OF FLIGHTCAR AND ITS PARENTS, DISTRIBUTORS, PROMOTERS, SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “FLIGHTCAR ENTITIES”).
Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in these Terms are intended to limit any rights you may have under the law.
FlightCar and any third-party software, services, or applications made available in connection with the Site are provided “as is,” without warranty of any kind.
To the maximum extent permitted by applicable law, FlightCar and the FlightCar Entities disclaim all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
You are solely responsible for any damage to your equipment or device, loss of use, or loss of data.
You agree to indemnify and hold harmless FlightCar and the FlightCar Entities from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of the Site, (b) any violation of the rights of any other person or entity by you, or (c) your breach of any part of these Terms.
FlightCar 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.
c. Limitation of Liability
To the maximum extent permitted by law, FlightCar and the FlightCar Entities will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages relating to your use of the Site, even if FlightCar has been advised of the possibility of such damages.
In no event shall FlightCar or the FlightCar Entities’ total liability to you for all damages, losses, or causes of action arising out of or relating to these Terms exceed (1) the amounts you paid to FlightCar during the twelve (12) months immediately preceding the date of your claim or (2) one hundred U.S. dollars, whichever is greater.
The limitations of liability set forth in this section will survive any termination or expiration of these Terms, and will apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, 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.”
NOTE FOR NON-US USERS
The Site is controlled and operated from its facilities in the United States. FlightCar makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other jurisdictions do so of their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States.
The Site is protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site and Site, including all associated intellectual property rights is the exclusive property of FlightCar and its licensors. You will not remove, alter or obscure any copyright, trademark, Site mark or other proprietary rights notices incorporated in or accompanying the Site.
FlightCar does not intend to appoint any User as its employee, legal agent or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of FlightCar. This agreement does not create any kind of employee or contractor relationship between any user of the Site and FlightCar.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You may terminate your participation in the Site at any time except if you have an ongoing or active rental, listing, or dispute with us or another user of the site, upon receipt by us of your written or email notice of termination. We may terminate your participation in the Site at any time, without notice to you, in our sole discretion. If your account is terminated, we will cancel all future listings and all future rentals, and you will not be entitled to compensation of any kind except full refunds for cancelled rentals.
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws or principles. Both of us agree to submit to the exclusive jurisdiction of the state and federal courts sitting in San Francisco County, California for any actions not subject to arbitration.
You agree that any dispute between you and FlightCar arising out of or relating to these Terms or your use of the Site (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: These Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against FlightCar, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or FlightCar may bring a formal proceeding.
We Both Agree To Arbitrate: You and FlightCar agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting email@example.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. FlightCar will pay all arbitration fees for claims less than $75,000. FlightCar will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or FlightCar may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the FlightCar Site, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with FlightCar on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and FlightCar agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and FlightCar consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Collections: In the event of a Collections Dispute, FlightCar may use all reasonable commercial efforts to recover the amount owed. This includes, but is not limited to, debt collection (including by a third party), litigation, small claims litigation, and/or arbitration as described above.
These Terms shall constitute the entire agreement between you and FlightCar concerning the Site. If a court of competent jurisdiction deems any provision of these Terms invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
FlightCar may provide notices and notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by FlightCar in our sole discretion. FlightCar is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us, or if you are no longer able to receive email at the address you have provided to us.
The failure of FlightCar to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FlightCar. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.