Last Updated: October 28, 2014
Our Terms of Service can be found on this page. To read our renter and vehicle eligibility requirements, renter policies, owner policies, and overview of insurance coverage, click on one of the links below:
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU UNDERSTAND AND AGREE THAT FLIGHTCAR IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN RENTERS AND OWNERS, NOR IS FLIGHTCAR A TRANSPORTATION SERVICE, RENTAL CAR COMPANY, AGENT OR INSURER. FLIGHTCAR HAS NO CONTROL OVER THE CONDUCT OR VEHICLES OF RENTERS OR OWNERS AND OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. THIS AGREEMENT CONTAINS A 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, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Please email us at firstname.lastname@example.org if you have questions about this agreement.
“Agreement” means these Terms of Service and all associated documents.
“Renter” means a Member who makes a reservation to rent a vehicle using the Site or Services.
“Owner” means a Member who makes a reservation to park and rent out their vehicle via the Site or Services.
“Listing” means the period when a Vehicle is made available by an Owner as available for rental via the Site and Services.
“Rental” or “Transaction” means a completed reservation for a vehicle via the Site or any other official means of creating a reservation or booking.
“User” means a person who completes FlightCar’s account registration process, including, but not limited to Renters and Owners, as described under “Account Registration” below.
“FlightCar Parking Lot” means any facility where FlightCar has parking operations or otherwise conducts a substantial amount of business, whether or not it is owned or controlled in part or in whole by FlightCar.
“Listing Period” means the time period starting immediately upon Owner’s signing of the agreement to drop off their Vehicle, and terminating upon Owner’s signing of the pick-up agreement at the end of the listing period.
“Rental Period” means the time period starting immediately upon Renter’s signing of the agreement to pick up the Vehicle, and terminating upon Renter’s signing of the return agreement at end of the reservation period specified via FlighCar’s online system.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
“Vehicle” means a land motor vehicle, designed for travel on public roads, insured under a personal automobile liability insurance policy with no fewer than four wheels. This does not include equipment or vehicles that would generally be regarded as “commercial” or “industrial”. It also specifically excludes motor homes and other vehicles designed to serve as temporary or permanent accommodation.
“3rd Party Channel” means a website not affiliated or controlled by FlightCar but one authorized to slow the creation and processing of Listings and/or Rentals through the Service.
Booking a Rental or creating a Listing through the Site or other 3rd Party Channel automatically constitutes your full acceptance of these Terms, including our requirements, policies, procedures, fees, and insurance information. When you pick up or drop off a vehicle, you electronically provide your signature verifying you have read, understand, and accept the Terms in full, and you confirm the accuracy of all details provided as part of the check-in or check-out process (i.e. vehicle details, gas, mileage, condition, address, phone number, etc).
We reserve the right to amend the Site, Service, and Terms at any time, without prior notice. No notice shall be required for non-substantive changes to these Terms. If we substantively amend these Terms, we will communicate the modification via the Site, Service, or other communication to all affected Users. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Service. Your continued use of the Site and Service after any such change constitutes your acceptance of the revised Terms.
This Service is intended solely for licensed drivers eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under eighteen (18) is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by FlightCar, unless FlightCar has given you written notice of reinstatement. All Renters must pass our Renter Eligibility Requirements and all Owners may only create Listings for Vehicles which pass our Owner Eligibility Requirements and must provide all necessary documentation for determining eligibility throughout your use of the Service as may be determined by FlightCar in its sole discretion. You promise to provide complete and accurate information to FlightCar. Failure to do so may void any applicable insurance or loss damage waiver coverage, whether complimentary or purchased. FlightCar may, but is not obligated to, 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 FlightCar to request, receive, use and store such information for a reasonable period of time. FlightCar may accept or reject your registration in its discretion for any reason. You acknowledge and agree that FlightCar may change its Renter and Vehicle Eligibility at any time and for any reason, and that your eligibility status for the Site and Service may change as a result of these changes.
In order to rent a car from another User on FlightCar, you will need to create an account. An Account will allow you to use the Site as both a Renter and an Owner – separate accounts are not required. However, you are classified as a Renter if you use only the functions of the Site and Service pertaining to renting a vehicle. You are classified as an Owner if you use the functions of the Site and Service applicable to listing a vehicle. There are specific requirements for Owners and Renters that you must meet in order to use the relevant parts of the Site and Service. You may be considered both a Renter and Owner.
Your User account is for your personal use only. You may not create a User account on behalf of a business or entity. You may not use another Member's account, permit anyone else to use your Member account, or assign or otherwise transfer your Member account to any other person or entity. When applying for and creating your account, you must provide accurate and complete information, and keep such information updated and accurate throughout the term of this Agreement. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may not create more than one (1) FlightCar account.
You may control your User and Vehicle profile(s) by changing the options in your account page. By providing FlightCar your email address, you consent to our using the email address to send you Service-related email, including any notices required by law, in lieu of communication by postal mail. By providing FlightCar your cell phone number, you consent to our using the phone number to send you Service-related SMS messages. You may not opt out of Service-related emails or SMS messages. We may also use your email address and/or cell phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences in your Settings page. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.
During registration, you may be required to log into your account or you may be permitted to 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 and Services, 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 Services; 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. You represent that you are entitled to disclose your Third Party Account login information to FlightCar and/or grant FlightCar access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating FlightCar to pay any fees or making FlightCar subject to any usage limitations imposed by such third party service providers. 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 Services and via your FlightCar Account and FlightCar Account profile page.
If you are a Renter, by creating an account, you automatically agree to waive your right to Underinsured Motorist (UM), Underinsured Motorist (UIM), and Personal Injury Protection (PIP) coverage in states where such rejection is permitted, under the FlightCar Insurance as defined in these Terms. You agree that you understand the implications of rejecting such coverage. More information is available in the Insurance section of these terms and on our Overview of Insurance page.
FlightCar serves as a peer to peer car sharing facility and services provider. When using the Site, you understand that you are Listing your vehicle for use by other Users, and Renting vehicles belonging to other Users. You agree that FlightCar’s role shall be limited to one of a payment processor, limited agent as defined in the following paragraph, and services provider and coordinator (i.e. providing a physical facility, soliciting and arranging Rentals, pairing Renters with Owners in a manner determined by FlightCar, setting vehicle prices as determined by FlightCar, providing insurance services or other damage coverage services which may be underwritten by third parties, providing customer service, and brokering disputes between Users of the Service).
In order to facilitate successful transactions, each Owner hereby appoints FlightCar as the Owner’s proxy, limited agent, and service provider for purposes that include, but are not limited to, collecting payments made by Renters on behalf of the Owner in exchange for the rental of the Owner’s Vehicle, renting out the Owner’s vehicle, storage of the Owner’s Vehicle, providing insurance coverage and other guarantees and protections, releasing the vehicle from an impound facility or other facility where the Vehicle may be towed to or held in exchange for payment, the repair of minor mechanical or cosmetic damage on the vehicle (regardless of it was preexisting to the use of the FlightCar Service) or reporting the vehicle stolen if FlightCar believes it is so in good faith.
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 Renter 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.
To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service including our rates, payments, and pricing in any medium, or by any method whatsoever including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service 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; (iii) transmitting spam, chain letters, mail not relating to the Service or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (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 Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or (xiii) offer, as an Owner, any Vehicle that you do not yourself own or have permission to rent from the owner of the vehicle.
FlightCar may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement as it stands at the time of your account Termination, including if you terminate your account as a result of changes to this Terms of Service. All aspects of the Service are subject to change or elimination at FlightCar’s sole discretion. FlightCar reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that FlightCar will not be liable to you for any interruption of the Service, delay or failure to perform.
If you are an Owner, you agree to our Owner Policies and Requirements. If, you are an Owner, by accessing or using the Service, you signify that you have read, understood and agree to be bound by the Owner Policies and Requirements. If you are a Renter, you agree to our Renter Policies and Requirements. If, you are a Renter, by accessing or using the Service, you signify that you have read, understood and agree to be bound by the Renter Policies and Requirements.
FlightCar does not endorse any Users, Vehicles or Rentals. FlightCar shall have no liability for your interactions with other Users, or for any User’s action or inaction, with respect to Rentals or the Service. You acknowledge that FlightCar does not offer transportation services, car rental services, or airport transportation services. Instead, the Service allows Renters and Owners to transact Rentals directly between each other. FlightCar helps facilitate successful Transactions through the pairing of Listings and Rentals, may provide assistance in resolving User disputes, and also provide value-added services such as parking and insurance as part of the Service.
Except as provided in the FlightCar Overview of Insurance, which is an agreement between FlightCar and Users, we will not be responsible for any damage or harm resulting from your interactions with other Users or for use of the FlightCar service. By using the Site or Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree that you will not attempt to impose liability on, or seek any legal remedy from FlightCar with respect to such actions or omissions.
FLIGHTCAR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL RENTALS AND LISTINGS. ACCORDINGLY, ANY RENTALS MADE BY A USER WILL BE MADE AT THE USER’S OWN RISK.
When you rent a Vehicle through FlightCar, you may use the Vehicle only for your personal use and not for any commercial purposes, such as running a taxi or delivery service, including a “peer to peer” or “sharing” service such as Uber, Lyft, Postmates, or similar services, and you may not enroll or attempt to enroll the Vehicle in such services. Note, however, that you may use the Vehicle for your own business purposes, such as attending a meeting. You may not access a vehicle until the beginning of your rental period and you must return the vehicle on time and to the correct parking location. You must exercise reasonable care in your use of the vehicle. You are required to wear seatbelts during the operation of the car and to require that all of your passengers wear seatbelts as well. You are also required to comply with any laws or regulations concerning car seats and other protections for young passengers.
Prohibited uses of the vehicle include but are not limited to (i) use of a Vehicle while the driver is under the influence of (a) alcohol above the legal limit or (b) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended (ii) use of a Vehicle during or due to use in the commission of a crime or any other illegal activity (iii) use of a Vehicle in any race, test or competition (iv) use of a vehicle for hire (v) use of a vehicle outside of the United States (vi) transport of a vehicle by truck, train, aircraft or vessel for any reason (vii) use of a vehicle to pick up hitchhikers, (viii) transporting any Schedule I or Schedule II controlled substance as defined in the United States Controlled Substance Act, even if that substance may be legal in the jurisdiction, (ix) smoking in, near, around a Vehicle, (x) performing any illegal act or breaking any relevant law while inside or operating a Vehicle, (xi) and, use of a vehicle while wearing any device that limits the Renter’s ability to hear, see and otherwise judge driving conditions.
Only the Renter of the vehicle may drive or operate the vehicle during the rental period. If the Renter wishes to nominate an additional driver for the rental (up to a maximum of four drivers per Rental) each additional driver must sign up for a FlightCar account and agree to all of the Terms of the Service. To arrange for these drivers to be added to the reservation, the primary Renter must contact FlightCar by phone, email, or input a request at the time of booking. A one-time, non-refundable fee may be charged for each additional driver, at the time of the request or at the time of pickup of the vehicle. Additional drivers also must create their own FlightCar accounts and agree to the FlightCar Terms of Service.
You agree to adhere strictly to the daily mileage limit for a vehicle during the rental period. You will not be penalized for exceeding the mileage limit on a particular day, as long as your total driven mileage does not exceed the daily limit multiplied by the amount of days you were in possession of the vehicle. For the purposes of calculation of the total mileage limit, you are considered to have a vehicle for one (1) full day if you are in possession of that vehicle for twenty-four (24) hours, or, after calculation of all full days, any remaining part of a day is also considered one (1) day.
When creating a Rental with FlightCar, you may be presented with the option to request amenities, complimentary or paid-for, for use during your rental, including, but not limited to, a GPS unit, toll transponder, or a child booster seat (“Amenities”). If you request any of the said Amenities, we endeavor to have a sufficient inventory of Amenities to handle all customer requests but do not warrant or guarantee that we will be able to provide you with any Amenity, even if you request it in advance. Payment for an Amenity does not constitute a guaranteed reservation for an Amenity, and FlightCar’s maximum liability in the case of a paid-for Amenity shall be the refund of the fee for the reservation of that Amenity. FlightCar will not be responsible for damages arising from our inability to provide you with an Amenity. Renters are responsible for the proper installation and use of any Amenity they receive from FlightCar. You may not request a FlightCar employee or representative to install Amenities for you and FlightCar will have absolutely no liability arising from use or misuse of or in connection with any Amenities. Renters are responsible for returning all Amenities to FlightCar at the conclusion of the rental period in a reasonable condition. If FlightCar determines that a Renter misused an Amenity, or if a Renter does not return an Amenity, FlightCar reserves the right to automatically collect from that Renter via the payment method used for the Rental the replacement cost of that Amenity including a reasonable service charge, without additional notification.
If you request a toll transponder, you agree to be fully liable for any and all charges accrued on the transponder during the time period of your rental, including any penalty and service fees arising from the use or misuse of the transponder. In some markets, you may be required to take a transponder with your Vehicle, the above terms also apply in this situation.
You understand that, unless otherwise specifically noted, the cars offered though the FlightCar service are owned by third parties and are not owned or maintained by FlightCar. Each Owner is responsible for maintaining and repairing the car(s) they offer through the service and is ultimately responsible for the condition of the car at the beginning of the rental period. If you are an Owner, you promise that, at all times, your Vehicle will be in safe and roadworthy condition and in full compliance with all applicable state inspection and registration requirements. FlightCar does not inspect, nor does it warrant to inspect, the Vehicle for damage or other conditions that might make it unsafe to drive. However, FlightCar reserves the right to determine that a vehicle is not suitable for use by a Renter. In the event FlightCar believes a Vehicle is not suitable to be used by a Renter, FlightCar may cancel the Rental and carries no obligation to provide an alternate vehicle. FlightCar may charge you a daily parking fee of up to $15, excluding local, city, county, state, federal, sales, or other taxes if your vehicle is not able to be rented due to not meeting our requirements. Please also complete a visual inspection of any Vehicle before you begin your use of the car. If you find damage in your initial inspection that has not been identified by FlightCar, you must notify FlightCar immediately to help avoid any confusion about your role in the cause of the damage. If you find damage on your initial inspection and fail to report it, FlightCar may assume that the damage occurred during your rental period and an ex post facto report will not be accepted. If, after your initial inspection or at any time during the rental, you believe that the car is not safe to drive, please do not use the car and contact FlightCar immediately.
FLIGHTCAR TAKES ABSOLUTELY NO RESPONSIBILITY FOR THE CONDITION OF ANY VEHICLES RENTED OUT OR MADE AVAILABLE THROUGH THE SITE OR SERVICE AND SHALL HAVE ABSOLUTELY NO LIABILITY FROM ANY FAULTS, REAL, IMAGINARY, OR PERCEIVED, NOR SHALL IT HAVE RESPONSIBILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM THE VEHICLE OR YOUR RENTAL.
FlightCar may solicit Renters and Rentals, and Owners and Listings via channels other than the Site. This may include car sharing and car rental search engines and aggregators, airport parking search engines, and a variety of other sources.
If you create a Rental or Listing via a 3rd Party Channel, you are still bound to these Terms of Service. These Terms override any language, terms, notices, or content posted on the 3rd Party Channel, to the extent permitted by law. Any omissions or errors are not the responsibility of FlightCar and it is your responsibility to verify the current Terms of Service and associated policies on the Site.
As a User, you agree to respect and abide by the terms and conditions of the designated FlightCar Parking Lot and any facility that may be at any airport or transportation terminal where you have either (a) listed a Vehicle for availability for any amount of time or (b) reserved a Rental of a vehicle for any amount of time. If the FlightCar Parking Lot is owned by a third party, you agree to abide by any rules of conduct in force and enforced by the owner.
Parking in the FlightCar Parking Lot is free of charge if you List your car with the FlightCar Standard or Monthly programs, regardless of whether or not someone has reserved your Vehicle through the service at the time of commencement of your Listing. The Parking Fee will be disclosed when you List your vehicle with the FlightCar Business program.
Throughout the duration of your Rental, FlightCar reserves the right to require you to exchange your rented vehicle for another Vehicle. FlightCar will attempt to give you reasonable notice if this is required. In the case that FlightCar requires a vehicle exchange, we will send a FlightCar employee, agent, or contractor (“representative” to your current location or an otherwise agreed-upon location at an agreed-upon time, unless we have informed you of the requirement to change your vehicle in advance of the commencement of your rental, in which case you must return the vehicle to our facility and will be due no compensation for time, mileage, or gas. You agree to meet our representative at the designated location at the designated time, where you will receive a different vehicle until the original termination date and time of the booked Rental. For the purposes of insurance, damage, and event reporting, the two rental periods shall be considered mutually exclusive and separate transactions and rentals. For the purposes of mileage, the two rental periods shall be considered one continuous rental. Refueling fees will be waived for both rental periods. You will still be required to return your substitute vehicle to the FlightCar Parking Lot where you picked up your original vehicle, at your originally scheduled time, unless you have requested a rental extension in advance and you have received written approval and confirmation of said extension.
If you wish to exchange your vehicle during your Rental period for any reason, you must bring your original vehicle to the FlightCar Parking Lot where you collected said vehicle. FlightCar will not be able to bring an alternate vehicle to you. We will attempt to accommodate your request to exchange vehicles pending availability, however this is not guaranteed. You may be subject to additional charges if you choose a vehicle that is priced in a higher price category.
As a Renter, you are required to report damage to a vehicle to FlightCar as soon as practical after the damage occurs or after you become aware of the damage. FlightCar may, at its choosing, dispatch roadside assistance to your vehicle to make a repair or to transport the vehicle to a location of FlightCar’s choosing. FlightCar may immediately choose to terminate the Rental if this damage was caused by you, as determined reasonably by FlightCar and/or relevant law enforcement agencies. If this damage was not caused by you or if it will take more than three (3) hours to determine this, FlightCar will make available an alternate vehicle for you at the original location of pickup. FlightCar cannot deliver vehicles to your location nor will FlightCar be responsible for the costs of obtaining a replacement vehicle, should you choose to do so. You may not abandon a vehicle at any point during your rental if it is involved in an accident or has a mechanical failure. If you do so, you may be charged a Towing Fee equal to the cost of towing the vehicle from its location to the original rental location, as well as a Service Fee of not more than $500.
If you are an Owner and you believe that a Renter has caused any damage to your car, you are required to report that damage as soon as you become aware of it and to provide reasonable cooperation in our investigation of the damage. Any Owner claim where we do not receive a response from the vehicle’s Owner within 21 days is considered closed and the Owner automatically forfeits all claims. In any event, you must report damage within 72 hours of the termination of a vehicle availability period. FlightCar may require you to visit at least two (2) body shops or other establishments with the capability of repairing the perceived damage, of which FlightCar can select both. Based on its investigation, or the investigation of any company it elects to work with in connection to the investigation, FlightCar will reasonably determine whether the damage was caused in the course of the renter’s use of the car. If it was, FlightCar will reimburse you for the loss. This means that we will pay for a reasonable, pre-approved invoice for the repair work or we will settle with you for a mutually acceptable amount of damages if you choose not to repair the vehicle. If FlightCar is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in our investigation, we may not be able to determine the cause. In that case, you agree that we may decline any financial responsibility for such damage.
FlightCar always recommends that Renters have their own vehicle insurance. When renting with FlightCar, as with conventional rental car agency, a Renter’s own personal coverage acts as primary coverage, unless a damage waiver package is purchased. FlightCar’s complimentary coverage and guarantees are supplementary and secondary for a Renter if you have other available coverage. Please see our insurance page for details about our insurance policy.
During the applicable rental period, FlightCar will provide secondary liability insurance for bodily injury and property damage arising from use of the car (the “FlightCar Insurance”). You understand and agree that, for “Uninsured/Underinsured Motorists & No-Fault” (including Medical Payments/First Party Benefits/Personal Injury Protection etc.): (a), the FlightCar auto liability policy provides statutory minimum coverage as determined by the laws of the state where the owner’s vehicle is registered; and (b) coverage has been waived where permitted by law as specified in the Uninsured/ Underinsured Motorist Coverage and Personal Injury Protection form applicable to the jurisdiction of the Vehicle rented. The liability insurance shall be excess and contingent over any other valid and collectible insurance that may be available to the renter. Insurance amounts and other details may be found in the Overview of Insurance Coverage. No natural disaster coverage is provided, which means you are fully liable for damage caused by fires, earthquakes, floods, and tornadoes, and Acts of God.
You may not book a Rental without accepting our included insurance coverage. You understand and agree that, if required, FlightCar may make reasonable efforts to assist you in submitting a claim. FlightCar does not guarantee the results of any claim submitted for coverage under the FlightCar Insurance.
As a Renter, you may also choose to purchase an additional collision and comprehensive damage waiver. By purchasing this damage waiver, you indicate that you have accepted the terms, limits, and conditions of the coverage. IF YOU DO NOT PURCHASE A DAMAGE WAIVER, YOU AGREE THAT YOU MAINTAIN YOUR OWN PERSONAL AUTO INSURANCE WHICH INCLUDES COLLISION COVERAGE AND THAT WE MAY REQUIRE YOU TO PRESENT PROOF OF THIS COVERAGE. IF YOU DO NOT PURCHASE A DAMAGE WAIVER AND DO NOT MAINTAIN YOUR OWN PERSONAL COVERAGE, (A) YOU WILL BE CONSIDERED IN VIOLATION OF THESE TERMS AND (B) YOU ARE FULLY RESPONSIBLE FOR ANY DAMAGE YOU MAY CAUSE TO YOUR RENTAL VEHICLE. YOU ACKNOWLEDGE THAT FLIGHTCAR, THE VEHICLE’S OWNER, OR ANY OTHER RETAINED PARTY MAY USE ANY AND ALL AVAILABLE DEBT COLLECTION TACTICS INCLUDING LAWSUITS TO RECOVER LOSSES TO A VEHICLE DURING YOUR RENTAL PERIOD, IF FLIGHTCAR INCURS LITIGATION, ARBITRATION, DISPUTE HANDLING, OR OTHER COSTS TO RECOVER ANY DAMAGES OR LOSSES, YOU WILL ADDITIONALLY BE LIABLE TO PAY THESE ADDITIONAL COSTS.
To the extent possible, FlightCar will hold you fully responsible for any damage that occurs during your rental. FlightCar in no way and under no circumstances warrants that the Vehicle is checked for damage when it is returned. FlightCar may contact and charge you for any damage which occurs up to 6 months (180 days) after the conclusion of your rental period if the damage is not reported by you immediately after it occurs.
For vehicle Owners, FlightCar’s coverage is always primary during the Rental Period. When the vehicle is at the FlightCar Parking Lot, either before or after the applicable rental period, FlightCar assumes partial liability of the vehicle. This means that if damage is caused by a FlightCar employee, agent, or contractor, or by an employee, agent, or contractor of the FlightCar Parking Lot, FlightCar will be responsible for reimbursing the owner of the vehicle for damages, in an amount reasonably determined by a reputable establishment, within a thirty (30) day period of the occurrence of the damage. Please note that damage which falls under our Wear and Tear policy, as determined by FlightCar, is not covered and FlightCar assumes no liability for such damage. If damage to the vehicle occurs due to any other reason, including fire, flood, earthquake, tornado, acts of Nature, acts of God, failures of suppliers, embargo, strikes, labor disputes, explosions, riots, acts of terrorism, war or other violence, or due to reason of any law, order, proclamation, regulations, ordinance, demand or requirement of any government agency, or any other act or condition whatsoever beyond the reasonable control of FlightCar, then FlightCar shall not be liable for damages to the vehicle.
Please note that FlightCar may reject or refuse any claim at any time for any reason whatsoever at its sole discretion.
As an Owner, you are required to make the Vehicle available as expected. If you are unable to meet this requirement please inform FlightCar as soon as possible. FlightCar may track your cancellations and suspend or cancel your account if they are determined to be systematic or frequent, as determined solely by FlightCar.
As a Renter, when you reserve a Rental, you are indicating your preference toward a specific type, category, or class of vehicle, and indicating any additional features you would prefer the vehicle to have. FlightCar will endeavor to provide availability of a vehicle of the selected class or any suitable and designated substitute class, as designated when you reserve your Rental. In the case that the vehicle you receive is of an inferior class to that which you reserved, you will receive a refund of the price difference between the two vehicle classes as listed at the time of booking.
Many companies in the travel industry engage in a practice known as Overbooking. Overbooking is the practice of selling or offering for sale more of a product (seats, rooms, cars) than actually available, based on data such as no-show rates and weather patterns. Through our Users, FlightCar also occasionally has more vehicles available for booking than may be actually available. Consequently, situations occasionally arise where there are no vehicles available for a User with a confirmed reservation. In this case, a User may be provided complimentary transportation to a car rental agency or car sharing location of their choice within a reasonable distance. The User’s original rental, as well as any add-ons, fees, taxes, and charges, will also be fully refunded. However, FLIGHTCAR AND ITS USERS DO NOT ASSUME ANY ADDITIONAL LIABILITY OR ANY OBLIGATION FOR ANY RESERVATION OR BOOKING, REGARDLESS OF ITS STATUS AS CONFIRMED, GUARANTEED, OR ANY OTHER SIMILAR STATUS. At its sole discretion, FlightCar may offer to reimburse the difference between the price of the original rental and a new rental at a qualified car rental or car sharing company of FlightCar’s choice to Users in such a situation. If such an offer is extended, FlightCar will reimburse only the Rental Fee and any obligatory or required taxes, fees, and surcharges of the cheapest available vehicle which seats the same amount of passengers and holds approximately the same amount of baggage as the vehicle originally reserved through FlightCar. FLIGHTCAR WILL UNDER NO CIRCUMSTANCES REIMBURSE RENTALS FOR OTHER VEHICLE TYPES OR ANY ADDITIONAL CHARGES SUCH AS GPS UNITS, CAR SEATS, TOLL TRANSPONDERS, INSURANCE/DAMAGE WAIVER OR SIMILAR PRODUCTS, FSO/FUEL SERVICE OPTION/FUEL SERVICE CHARGE OR SIMILAR PRODUCTS, ADDITIONAL DRIVERS, OR UNDERAGE FEES. FlightCar has no control over, and assumes no responsibility for, the Terms and Conditions and other documentation any company which you use to rent or otherwise borrow a vehicle, which often can be significantly different than those of FlightCar. You expressly acknowledge that you have read, understand, and agree to any documentation and Terms surrounding your rental of any vehicle from providers other than FlightCar, and agree to be bound by that contract or agreement. You relieve FlightCar from any and all liability arising from your agreeing to any such contract or agreement.
Except as otherwise specifically provided herein, You agree to defend, indemnify and hold harmless FlightCar and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site and Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
As a User, by referring your friends to the Site, you may participate in the “Referral Program”, which is a loyalty program which may be available as part of the Site, which we may choose to offer to our Users. If you choose to participate in the Referral Program, for each friend you refer to FlightCar for which a Qualifying Referral (defined below) is completed, you may be able to receive FlightCar Credits. “FlightCar Credits” are “certificates” that will be applied as additional earnings for a Listing or a discount on a future made and completed by Users via the Site and Service.
In order to receive FlightCar Credits, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your FlightCar Account on the Site and select either the “Invite Friends with Facebook”, “Invite Friends with Twitter”, or “Email Your Friends” link; (ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the Site, by sending the unique referral link generated via the Site in an email via the Services to your friends; or by using the other tools provided to share the unique referral link with friends; (iii) a friend who clicks the link on must create a FlightCar Account and become a User; (iv) after becoming a User, the friend must either make a rental that is not subsequently cancelled or create a Listing that is not subsequently cancelled (either due a cancellation request or an automatic cancellation due to the User’s failure to physically leave their vehicle or pick up their vehicle [as applicable] at the specified time at the specified location); and (v) the Referral Program must be available at the time that you share the link as in part (ii).
Satisfaction of a Qualifying Referral and the FlightCar Credits you receive will be reflected while booking your next Rental or completing the vehicle pickup process during your next Listing, after the Qualifying Referral has been completed. You may not earn FlightCar Credits by permitting another individual to use your FlightCar Account. FlightCar Credits accrued in multiple FlightCar Accounts may not be combined into one FlightCar Account. You may not earn FlightCar Credits by creating multiple FlightCar Accounts. You may not post your referral link on coupon or discount sites, or other public fora except Facebook, Twitter, or other social networking sites. By acquiring FlightCar Credits, you agree and acknowledge that FlightCar is granting you a limited, revocable license to a digital item, and that FlightCar Credits are not your personal property. You may not obtain any cash or money in exchange for FlightCar Credits, nor are they transferable. FlightCar reserves the right to change the terms of the Referral Program at any time and without notice. If FlightCar determines you to have violated the terms of the Referral Program, FlightCar may revoke, without notice, some or all of your accumulated FlightCar Credits. Without limiting any other terms of these Terms and subject to applicable law, all FlightCar Credits are forfeited if your FlightCar Account is terminated or suspended for any reason, in FlightCar’s sole discretion, or if FlightCar discontinues providing the Site, Services or the Referral Program.
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.
In addition to the other representations and warranties in this Agreement, you affirm, represent and warrant that:
You are of legal age in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
If you are an Owner, to the best of your knowledge and belief, any Vehicle you offer for Rentals hereunder is mechanically sound, in safe condition and free of any known faults or defects that would affect its safe operation under normal use and further that it complies with the Vehicle Eligibility Requirements, and that you have, and will at all relevant times, maintain at least the minimum automobile insurance required by the laws of the jurisdiction where the vehicle is registered.
If you are a Renter, you agree to inform FlightCar of any changes in your driving record including but not limited to any driving “incidents” or any Major Violations (as defined by the Renter and Vehicle Requirements.
To the best of your knowledge, all of the information that you provide to us is truthful and accurate.
IF YOU CHOOSE TO USE THE SITE AND SERVICE AND/OR PARTICIPATE IN A RENTAL OR LISTING, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT FLIGHTCAR DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO RENTERS AND OWNERS. THE SERVICE AND ANY CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLIGHTCAR OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, FLIGHTCAR, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR ANY RENTAL WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE OR ANY RESERVED VEHICLE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE AND THAT FLIGHTCAR WILL NOT BE LIABLE FOR ANY COSTS, EXPENSES, OR LOSSES AS A RESULT OF THE SERVICE NOT BEING AVAILABLE.
EXCEPT AS EXPRESSLY PROVIDED IN UNDER THE “FLIGHTCAR INSURANCE”, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLIGHTCAR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY RENTAL. UNDER NO CIRCUMSTANCES WILL FLIGHTCAR BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLIGHTCAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL FLIGHTCAR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF EITHER (a) THE AMOUNTS PAID BY FLIGHTCAR TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (b) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLIGHTCAR AND YOU.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FLIGHTCAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
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.”
The Service is controlled and operated from its facilities in the United States. FlightCar makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service 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 Service 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 Service are solely directed to individuals, companies, or other entities located in the United States.
The Site and Service are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site and Service, 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, service mark or other proprietary rights notices incorporated in or accompanying the Site and Service.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FlightCar without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
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 contactor relationship between any User of the Site or Service 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 and Service 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 and Services at any time, without notice to you, for any reason or no reason, without explanation. 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. We maintain sole discretion to bar your use of the Site or Services in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
To the maximum extent permitted by law, you agree that: (i) the Service shall be deemed solely based in California; and (ii) the Services shall be deemed passive so that they do not give rise to personal jurisdiction over FlightCar, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws or principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state court located in San Francisco County, California or the relevant United States District Court, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
In the unlikely event that FlightCar has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any FlightCar claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in California, under the commercial rules then in effect for the AAA, except in the case of an amount payable by a Renter for damage or total loss of a Vehicle, where the damage or total loss cannot reasonably be disputed (as determined by FlightCar), or as otherwise provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing FlightCar from seeking injunctive or other equitable relief from the courts as necessary to protect any of FlightCar’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FLIGHTCAR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
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.
This Agreement, together with all amendments, all documents referenced in this Agreement (FlightCar Owner Policies and Requirements, Renter Policies and Requirements, Insurance Overview, Damage and Incident Procedures), and any other legal notices and agreements published by FlightCar via the Site and Service, shall constitute the entire agreement between you and FlightCar concerning the Site Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. 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 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.