Last revised: March 10th, 2015
This document sets out contractual terms for your participation in SEVENTHWING RENTALS LLC ride-sharing program. The terms are legally binding on you, so it’s important that you read and understand them.
As stated on the SEVENTHWING RENTALS LLC site and in our mobile application(s), signing below will constitute acceptance of the Agreement. If you have any questions for us concerning the Agreement or SEVENTHWING RENTALS LLC generally, please contact us at firstname.lastname@example.org.
The following terms apply to each member (including car renters and car owners) of the SEVENTHWING RENTALS LLC ride-sharing program:
Registration and Verification. When you sign-up for various services offered by SEVENTHWING RENTALS LLC, you will provide certain information about yourself (e.g. information concerning your car, your driving record, etc.). You promise to provide complete and accurate information to SEVENTHWING RENTALS LLC. SEVENTHWING RENTALS LLC will 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 SEVENTHWING RENTALS LLC to request, receive, use and store such information for a reasonable period of time. SEVENTHWING RENTALS LLC may accept or reject your registration application in its discretion for any reason.
Your Commitments. You agree that you will always use the ride-sharing program in compliance with the terms of this Agreement and any other policies and standards provided to you by SEVENTHWING RENTALS LLC. You promise SEVENTHWING RENTALS LLC that you have the legal right to enter into this Agreement and to use the ride-sharing program. You promise that your activities with SEVENTHWING RENTALS LLC won’t violate anyone else’s rights. You also agree to comply with all applicable laws and regulations.
Protection. In addition to the terms set forth in Sections 16 below, during the applicable rental period (i.e., the scheduled start time of renter’s reservation through their return of the car), SEVENTHWING RENTALS LLC will provide certain comprehensive and collision protection for the car, as well as liability insurance for bodily injury and property damage arising from use of the car. You understand and agree that, for “Uninsured/Underinsured Motorists & No-Fault” (including Medical Payments/First Party Benefits/Personal Injury Protection etc.): SEVENTHWING RENTALS LLC has either waived such coverage entirely or subscribed to the lowest limit allowable by state law and that you are bound by the election and agree to be so bound. The liability insurance and the comprehensive and collision protection 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 SEVENTHWING RENTALS LLC Rental Car Policies. If you have questions about your own personal insurance policies, you should contact your insurance professional; if after reviewing these Terms of Service and FAQs, you or your insurance professional still have questions regarding the SEVENTHWING RENTALS LLC protections, please contact us at email@example.com and we will connect you with our broker to explain how our protections operate.
Termination. You may discontinue your use of the SEVENTHWING RENTALS LLC ride-sharing program at any time and SEVENTHWING RENTALS LLC may terminate your access to the SEVENTHWING RENTALS LLC ride-sharing program for any reason or no reason. Termination of access to the ride-sharing program will not release either party from any obligations incurred prior to the termination and SEVENTHWING RENTALS LLC may retain and continue to use for its own internal purposes any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations provided under this Agreement and all of those terms will survive any termination of this Agreement.
Disclaimer of Warranty and Limitation of Liability. This Agreement describes all of SEVENTHWING RENTALS LLC’s obligations in the event of any loss or damage resulting from your participation in the ride-sharing program. In order to disclaim warranties and to provide for certain limitations on our liability, we are required to provide the following information in this format:
SEVENTHWING RENTALS LLC PROVIDES A RIDE-SHARING PROGRAM THAT ENABLES CAR RENTAL SERVICES BETWEEN CAR OWNERS AND CAR RENTERS. SEVENTHWING RENTALS LLC DOES NOT PROVIDE CAR RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS RIDE-SHARING PROGRAM, THE CAR MANUFACTURER OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-CAR GPS OR OTHER SYSTEMS). EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SEVENTHWING RENTALS LLC HEREBY DISCLAIMS ANY WARRANTY OF ANY KIND WITH RESPECT TO THE CARS AND OTHER PRODUCTS AND SERVICES PROVIDED BY OR THROUGH SEVENTHWING RENTALS LLC, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SEVENTHWING RENTALS LLC MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. USE OF THE SERVICE, AND ANY CARS RENTED THROUGH THE RIDE-SHARING PROGRAM, IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEVENTHWING RENTALS LLC WILL CREATE ANY EXPRESS WARRANTY.
IN NO EVENT WILL SEVENTHWING RENTALS LLC BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN SEVENTHWING RENTALS LLC’ EXPRESS INSURANCE AND REIMBURSEMENT OBLIGATIONS DESCRIBED IN THIS AGREEMENT, SEVENTHWING RENTALS LLC’s LIABILITY UNDER THIS AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE LESSER OF THE AMOUNTS PAID TO YOU UNDER THIS AGREEMENT OR $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT SETS FORTH CERTAIN RIGHTS AND RESPONSIBILITIES. SOME STATES MAY PROVIDE YOU WITH OTHER SPECIFIC LEGAL RIGHTS. THE TERMS OF THIS SECTION WILL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.
No Agency. SEVENTHWING RENTALS LLC does not intend to appoint you or any other member 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 SEVENTHWING RENTALS LLC and SEVENTHWING RENTALS LLC will not make commitments on your behalf, except as contemplated by the ride-sharing program or expressly stated in this Agreement.
No License. The SEVENTHWING RENTALS LLC ride-sharing program contains copyrighted material, trademarks, and other proprietary information, all of which is individually and collectively protected by copyrights laws and other intellectual property laws in the United States and internationally. Except as part of the intended use of the SEVENTHWING RENTALS LLC ride-sharing program, you must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. Except for content provided by users through the SEVENTHWING RENTALS LLC ride-sharing program, all of the content presented through the SEVENTHWING RENTALS LLC ride-sharing program is owned by SEVENTHWING RENTALS LLC and its licensors. All rights are hereby expressly reserved.
General. This Agreement states the entire understanding between you and SEVENTHWING RENTALS LLC concerning your participation in the ride-sharing program and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights in whole or in part to any third party without advance written consent of the SEVENTHWING RENTALS LLC. You will remain responsible for your obligations hereunder in any event. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. Any modification or waiver of any term of this Agreement must be agreed to in writing by SEVENTHWING RENTALS LLC. SEVENTHWING RENTALS LLC’ failure to exercise any right under this Agreement will not constitute a waiver of any other right SEVENTHWING RENTALS LLC may have. This Agreement and any related claims or disputes will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. There is personal vehicle sharing legislation that may apply to you.
Fees and Losses. You are responsible for paying all fees when they come due in connection with your use of the ride-sharing program. You authorize SEVENTHWING RENTALS LLC to charge any payment cards on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for payment of usage fees from the start of your rental period until the time you return the car. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the rental period (and after, if the car has not been parked in an authorized and legal parking space).
With regard to damage, losses, or other liabilities, you acknowledge that any personal insurance you have available to you (e.g., personal auto insurance, insurance from credit cards, etc.) will be the primary source of funds for your liabilities hereunder and the protection offered by SEVENTHWING RENTALS LLC will not be available to you until your personal insurance has been exhausted. In addition, SEVENTHWING RENTALS LLC protection may not be available to you in the event you breach your obligations under this Agreement (e.g. if you drive a vehicle while under the influence of drugs or alcohol or otherwise violate any of the SEVENTHWING RENTALS LLC Rental Car Policies). Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses or other liabilities relating to your rental activities through the SEVENTHWING RENTALS LLC ride-sharing program. You agree that in the event damage is reported, SEVENTHWING RENTALS LLC may immediately charge you up to the amount stipulated with the protection package that you selected when you booked the car. Nothing in this Agreement is intended to limit your responsibilities or SEVENTHWING RENTALS LLC’s legal rights in connection with your use of the ride-sharing program (or any vehicles rented through the ride-sharing program).
You acknowledge that SEVENTHWING RENTALS LLC may require and hold a deposit as part of the reservation of a car, and that if a deposit is required, you will be affirmatively notified by SEVENTHWING RENTALS LLC and have the option to make the deposit or cancel your reservation.
Use of the Car. When you rent a car through SEVENTHWING RENTALS LLC, you may use the car only for your personal use and not for any commercial purposes (e.g. running a taxi service). You may not access a car until the beginning of your rental period and you must return the car on time and to the correct parking location. You must exercise reasonable care in your use of the car. In the event SEVENTHWING RENTALS LLC has any concern about your use of a vehicle, SEVENTHWING RENTALS LLC may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the owner. 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 meet any laws or regulations concerning car seats and other protections for young passengers.
SEVENTHWING RENTALS LLC Rental Car Policies provides a list of “Prohibited Uses for Vehicles” of any car rented through the SEVENTHWING RENTALS LLC ride-sharing program. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact SEVENTHWING RENTALS LLC customer service at firstname.lastname@example.org. You will be fully responsible for any claims, loss or damage related to your misuse of a car. Renters also acknowledge that using a vehicle in a prohibited manner may lower the renter’s liability coverage to state minimum limits or nullify coverage, where allowed by applicable state law, and may furthermore nullify any comprehensive or collision protection.
Condition of the Car. You understand that, unless otherwise specifically noted, the cars offered though the SEVENTHWING RENTALS LLC ride-sharing program are owned by third parties and are not owned or maintained by SEVENTHWING RENTALS LLC. Each owner is responsible for maintaining and repairing the car(s) they offer through the ride-sharing program in a roadworthy condition and is ultimately responsible for the condition of the car at the beginning of the rental period. Please complete a visual inspection of any rented car before you begin your use of the car. If you find damage in your initial inspection, you must notify SEVENTHWING RENTALS LLC immediately, to avoid any confusion about your role in the cause of the damage, or you may be held liable for any damage. If you find damage on your initial inspection and fail to report it, SEVENTHWING RENTALS LLC may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the car is not safe enough to drive, please do not use the car; in that event, please contact the SEVENTHWING RENTALS LLC team.
Incident Reporting. You must immediately report any damage to the car you are using to SEVENTHWING RENTALS LLC at email@example.com, and if there has been a collision, to the police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide SEVENTHWING RENTALS LLC with a written description of the incident and any other information SEVENTHWING RENTALS LLC may request, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by SEVENTHWING RENTALS LLC, our claims administrators, or insurers. After an incident, you may not continue to use the car unless you have the explicit permission of SEVENTHWING RENTALS LLC staff. Failure to timely report an incident may reduce or invalidate protection purchased from SEVENTHWING RENTALS LLC.
Insurance. In addition to the terms in Section 5 above:
You understand and agree that SEVENTHWING RENTALS LLC will provide primary liability insurance for the owner and that renters will not look to an owner’s policy for coverage in accordance with SEVENTHWING RENTALS LLC Rental Car Policies and all available state car sharing statutes.
SEVENTHWING RENTALS LLC will provide certain liability insurance and protection against physical damage losses as described in this Agreement and the SEVENTHWING RENTALS LLC Rental Car Policies. You are fully responsible for paying any damages not covered by insurance, as well as insurance deductibles, fees, expenses, liens, and fines arising out of your use of a SEVENTHWING RENTALS LLC car. If SEVENTHWING RENTALS LLC advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to SEVENTHWING RENTALS LLC’s schedule for re-payment of those amounts to SEVENTHWING RENTALS LLC.
Waiver. Except as expressly provided in this Agreement, SEVENTHWING RENTALS LLC and the applicable car owner do not intend to take liability with respect to your use of the SEVENTHWING RENTALS LLC ride-sharing program or the applicable car(s). AS SUCH, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST SEVENTHWING RENTALS LLC AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “SEVENTHWING RENTALS LLC PARTIES”) AND THE CAR OWNER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS RIDE-SHARING PROGRAM INCLUDING, WITHOUT LIMITATION, A CAR NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A CAR, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS AND, IN THE CASE OF THE SEVENTHWING RENTALS LLC PARTIES, ANY ACTIONS OR INACTION OF THE CAR OWNER. YOUR WAIVER DOES NOT EXTEND TO ANY DAMAGES OR LOSSES RESULTING FROM ANY PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
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.”