Welcome to carSHAiR, a peer-to-peer car-sharing platform that offers premium vehicles on demand provided by SHAiR Your Car, Inc. Please read these Terms of Service carefully before using Our Service. This Terms of Service Agreement ("Agreement") describes the terms of service that govern Your use of and participation in the Company services. The Company’s services include our website, web widgets, feeds, mobile device software applications (the "carSHAiR app"), applications for third-party websites and services, and any other mobile or online services and/or applications owned, controlled, or offered by SHAiR Your Car, Inc.
THE TERMS OF SERVICE ARE COLLECTIVELY REFERRED TO AS THE “TERMS” FOR THE USE OF THE COMPANY SERVICE. ALL USERS AGREE THAT THEY HAVE READ, ARE AWARE OF, ACCEPT FULL RESPONSIBILITY FOR, AND ARE BOUND BY THE FOLLOWING TERMS IN THIS AGREEMENT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND FULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT-OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Interpretation and Definitions
Interpretation
The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural; SHAiR Your Car Inc., collectively, “SHAiR”, “carSHAiR”, or “company”.
Definitions
- “Account” means a unique account created for You to access our Service or parts of our Service.
- “Affiliate” means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
- “Application Store” means the digital distribution service operated and developed by Apple Inc., (Apple App Store) or Google Inc., (Google Play Store) in which the Application has been downloaded.
- “Application” means the software program provided by the Company downloaded by You on any electronic device, named SHAiR Your Car, Inc
- “Company” (referred to as either "the Company", “carSHAiR”, "We", "Us" or "Our" in this Agreement) refers to SHAiR Your Car, Inc., 520 Newport Center Dr. #745, Newport Beach, CA 92660.
- “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
- “Device” means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
- “Feedback” means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
- “Goods” refer to the items offered for sale on the Service.
- “Host” refers to the vehicle owner otherwise known as the registered person on the vehicle title.
- “In-app Purchase” refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms of Service and/or the Application Store's own terms of service.
- “Party” or “Parties” refers to the Company or any User.
- “Promotions” refer to contests, sweepstakes, or other promotions offered through the Service.
- “Renter” refers to the person or entity identified on the Trip Summary.
- “SAD(s)” refers to SHAiR-approved Renter(s) and drivers.
- “Service” refers to the Application.
- “State” refers to California, United States.
- “Terms of Service” (also referred to as "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
- “Third-party Social Media Service” means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
- “Trip Duration” means the period between the time the Renter takes possession of the Vehicle until the Vehicle is returned or recovered and in either case, checked in by the Renter.
- “Trip End” (also referred to as Check-In) means the return date when the Renter releases the vehicle back to the Host.
- “Trip Start” (also referred to as Check-Out) means the pickup date when the Renter takes possession of the vehicle.
- “Trip Summary” (also known as either the “booking” or “reservation”), means the details and or item lists in the trip receipt.
- “Trip” refers to the act of going to a place and returning using either a Host provided vehicle or transportation object provided by the Company.
- “User” refers to either the Host, the Renter or any other individual accessing or using the Service, or any other legal entity on behalf of which such an individual is accessing or using the Service, as applicable.
- “You” refer to the individual accessing or using the Service, or the Company, or other legal entity on behalf of which such an individual is accessing or using the Service, as applicable.
Acknowledgment
These Terms, together with our Company Privacy Policy, Trip Agreement, applicable coverage terms, and the User Policies accessible via the Service, are the Terms of Service governing the use of this Service and the agreement that operates between You and Us. These Terms of Service set out the rights and obligations of all Users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms apply to all visitors, Users, and others who access or use the Service.
You represent that you are 21 or over the age of 21. The Company does not permit those under 21 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with Our Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms then You may not access the Service.
Modification
The Company reserves the right, at its sole discretion, to modify the Services or to modify the Agreements, including these Terms, at any time. If we modify these Terms, We will post the modification on the Services, including the “Last Update” date of these terms. If You continue to access or use the Services after We have posted a modification or have provided You with notice of a modification, You are indicating that You agree to be bound by the modified terms.
By continuing to access or use the Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the website and the Service immediately.
If You choose to deactivate Your User Account, the previously effective version of these Terms will apply to You unless You use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to You.
User Accounts
Your Information
If You wish to use the Service, You may be asked to supply certain information relevant to Your Trip including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, Your shipping information, and Driver’s license.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment methods in connection with any purchase; and that (ii) the information You supply to us is true, correct, and complete.
By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of purchase.
Registration and Authentication
To access certain features of the Services, You are required to sign up for an Account with the Company. When You create an Account with the Company, Your account must be authenticated. You are required to provide Us with information that is accurate, complete, and current at all times. The information needed to create Your Account includes your legal first and last name, email address, phone number, self-portrait, and creating a password. Similarly, when You post a vehicle as a vehicle owner or Host, You are required to provide additional information to Us about yourself and vehicle(s), if applicable. Based on the information You provide, We may impose additional requirements for You to book a trip. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not create a username in the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Verification
To purchase trips or to post a vehicle, the Company must determine that You are verified and Approved User. Only Approved Users are permitted to use the Service to its full extent. Where permitted, We have the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to one (1) help verify the identities or check the Your background, including motor vehicle report, and driver’s license validity, two (2) verify vehicle details, three (3) 3D facial recognition, and four (4) verify Your phone number. We may, in Our sole discretion, use third-party services to verify the information You provide and to obtain additional related information and corrections where applicable, and You hereby authorize Us to request, receive, use and store such information.
We may also in Our sole discretion use third-party services to verify the information You provide to us and to obtain additional related information and corrections where applicable, and You hereby authorize the Company to request, receive, use, and store such information.
We may permit or refuse Your request to use Our services at Our sole discretion. The Company may, but does not commit to, undertake efforts to ensure the safety of the community and Services. We do not make any representations about, confirm, or endorse the safety, or legal status of any goods or services. However, we do require that users represent that their Vehicles are in safe and operable condition for the public, legally registered to be used on public roads, are not subject to any applicable safety recalls, must have a clean title; non-salvaged, non-branded, non-washed and or, non-written off, and otherwise satisfy Our vehicle requirements.
Verification Denial
We reserve the right to permit or refuse Your request to become an Approved User, purchase a trip, or post a vehicle at Our sole and absolute discretion. If We, Our affiliates, or partners cannot validate the information You provided to authenticate Your Account or claim, We may deny Your request at any time. The Company may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Service. We do not make any representations about, confirm or endorse the safety, roadworthiness, or legal status of any vehicles beyond the Our policies that require Hosts to ensure their vehicles are in safe and operable condition, legally registered, have a clean title, 10 years or newer than the current year, not subject to any applicable safety recalls and otherwise satisfy Our Vehicle Requirements.
Your Commitment
You are and will be the sole owner of Your Account and responsible for all activity that occurs through Your Account with Us. We will not be responsible for Your failure to comply with these Terms, or for any delay in pausing, terminating, or protecting Your Account with Us. You agree to never leave a vehicle unlocked or running with the keys inside, except in emergency circumstances instructed by Us.
Community Guidelines
You agree to respect all Users and withhold from engaging, advocating, encouraging, requesting, or assisting any third parties with the following:
- Harassment, stalking, or defaming Users via the Company Service.
- Serious threats of harm to the public and personal safety, including threats of physical harm, threats of theft, vandalism, and other financial harm.
- Treating any User differently because of their name, their appearance, their beliefs, their age, their gender or how they self-identify, or where they were born.
- Use Our Service to share any information concerning any other person or entity or to use it in any way that might constitute hacking, phishing, or similar actions.
- Use Our Service to contact any other person or entity other than for any purpose related to creating an Account, Vehicle inquiries, or booking a trip.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Vehicle Delivery
We do not permit lockboxes or codeshares for Vehicles. You are responsible to exchange the Vehicle in person at the expected check-out and check-in date and time. If You or another person violates these Terms, (1) We will have the sole and absolute right to deny any claims related to the Vehicle and Trip, and (2) charge You will be charged a late fee in accordance with Our Late Fee Policy.
Vehicle Information
If You are acting as Host on the Service, You represent and warrant that the Vehicle meets all Company requirements and that You own or otherwise have all the necessary rights and permissions to share the Vehicle. You agree and acknowledge that documentation of the vehicle and ownership may be requested by Us for verification including but not limited to vehicle registration and vehicle insurance. You promise that the information provided about the vehicle is true and the vehicle details are accurately described, such as vehicle identification number, license plate number, etc.
Vehicle Maintenance
As a Host, You are required to check and maintain your vehicle regularly to ensure that there are no mechanical issues or potential problems that would affect a Renter’s experience, including, but not limited to: its roadworthiness, any early warning lights (check engine, lightbulb replacement warnings, etc), disabled or faulty features, faulty wiring, unsafe tires, or maintenance related negligence. You are responsible for ensuring that Your vehicle is properly registered, inspected, and in compliance with any recall or safety standards before any trips are requested. Should there be any suspicion or indication that Your vehicle does not comply with these Terms, our Services standards, or is in any sense unsafe or potentially detrimental to our users, the Company, or the general public, We reserve the right to restrict (make unavailable), or even delete Your vehicle post. We are not obliged to inspect nor ensure the safety of the vehicles that are reserved through the Services but have the right to take actions that accomplish this.
Vehicle Security
If You are acting as a Host on the Service, You agree to have both Samsara and Spieron devices installed in Your Vehicle or similar devices that are accepted by the Company to, (1) use the devices to gather any information concerning the vehicle, (2) use that information to assist in the repossession of the vehicle or exercise any Company remedies under this agreement, and (3) give that information to other persons who may or may not be affiliated with Company in connection with the repossession of the vehicle or other exercise of the remedies related to these Terms.
You understand that a Samara device tracks data which includes: location/routes, speed, mileage, distance, and stop time and stop duration. The device will also track erratic driving behavior which includes: harsh braking, harsh cornering, hard acceleration, possible accident, and no seatbelt while the vehicle is in motion of 6 mph or more. At any point, the Spieron device allows the Host to facilitate crucial data collection, monitor default predictions, locate the vehicle, and disable the vehicle if a Renter has breached this agreement.
If You decline Our preferred telematics and security devices and supply Your own devices, You are required to have Your devices approved by Us (which approval shall be granted or withheld in Our sole discretion) prior to accepting a trip and are required to share any Trip related data in the event of a claim or reimbursement request. Please use the live chat via the Application or company website or email Us at contactusshair.co
If You decline to install these security devices or supply similar devices and or share the data related to the Trips booked with the Service, You understand that any additional coverage provided by the Company and its partners or affiliates will be waived and any claims made throughout the trip duration will be denied.
Check-Out and Check-In Documents
You agree to document the vehicle’s condition with a minimum of eight interior and eight exterior time-stamped photos and a minimum of one video at check-out and one video at check-in. You understand that if there are any incidentals related to the Vehicle, these documents will be requested by Us, reviewed by Us, and cross-referenced with the opposing User documents. If You do not have the required documentation, Your reimbursement request or claim will be denied.
All Hosts are required to check-in their vehicle within 2 hours of the trip ending using the Service. If a Host violates these Terms, they will be ineligible to submit a claim or request for reimbursement and will void Company-provided coverage, if any.
Trip Cancellation
We reserve the right to refuse or cancel Your Trip at any time for certain reasons including but not limited to, You do not meet the requirements to use the Service, Vehicle availability, errors in the description or prices for Vehicles, or errors in Your Trip Summary. We also reserve the right to refuse or cancel Your Trip if You violate Company’s Trip Agreement, the Company’s Check-Out or Check-In process, or Company’s Speeding Policy. The Company reserves the right to refuse or cancel Your Trip if fraud or an unauthorized or illegal transaction is suspected. If You violate any of the terms therein, the Company is not responsible to refund Your purchase to the full amount where applicable by law.
Your Trip Cancellation Rights
Any Trips You purchase can only be canceled in accordance with these Terms of Service and Our Reimbursement Policy. Our Reimbursement Policy forms a part of these Terms of Service. Please read our Reimbursement Policy to learn more about Your rights to cancel Your Trips.
Your right to cancel a Trip only applies to Trips that have not started. Vehicles that are damaged or not in the same condition as You received them or which are damaged beyond repair, You waive your right to be reimbursed for Your trip. You should therefore take reasonable care of the Vehicles while they are in Your possession.
You will not have any right to cancel a Trip for the following:
- If You have already picked up the vehicle (Also known as check-out)
- The trip has ended
- The Vehicle was returned prior to the Trip-End date because (i) Vehicle was in an accident, (ii) You have caused damage to the Vehicle and is not roadworthy.
We will reimburse You no later than 21 days from the day on which the Vehicle is returned. We will use the same means of payment as You used for Your Trip, and You will not incur any fees for such reimbursement.
Availability, Errors, and Inaccuracies
Only Approved Hosts will be eligible to post Vehicles on the Service. You understand that Hosts and the Company are constantly updating the offerings of Vehicles on the Service. The Vehicles available on the Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding the Vehicles on the Service and in Our Company’s advertising on other websites. We cannot guarantee that Hosts will accept trip requests.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Insurance Policy and Terms
Should any discrepancy or disparity arise between the account of the insurance coverage, or any terms or policies related thereto, within these Terms, and the insurance policy as described by our Insurance wholesaler, licensed insurance broker, or agency which governs and applies to the SHAiR platform as a whole, the latter takes precedence over the former.
Terms of Coverage Packages
We are not an insurance company and do not insure Hosts or Renters. In the United States (excluding the state of New York where the Services are not available), the Company may make coverage packages available to Hosts and Renters (except in the case of Commercial Owners) with respect to the vehicle shared. In addition to the terms set forth in the sections “Your Financial Responsibility is Primary” and “Other Insurance and Legal Matters”, coverage package details and other specifics can be found in the Policies section of our website.
Damage and Incident Reporting Obligations
In the event You are convinced that a Renter has caused any damage to Your vehicle that is covered under Our insurance policy, You must report such damages to the Company immediately. Damages reported over twenty-three (23) hours after a trip has ended, or without reasonable and timely cooperation with the resulting investigation carried out by Our claims support team; Our insurer’s claims adjusters; or any related or ancillary parties involved, may not be considered eligible for coverage. In such an event, or in any other circumstances where coverage eligibility cannot be established or an incident or damage claim has been deemed ineligible, You hereby agree to indemnify the Company of any financial responsibility concerning the damages, repair, or any compensatory payment, therefore.
As a result of the investigation, the Company’s insurance provider, third-party claims administrator, or a related authorized agency will reach a judgment regarding the eligibility of the incident for coverage under the insurance policy accessible to you via the coverage package you have selected. In cases where the damage is deemed eligible for coverage, You will receive reimbursement for the damages as explained in the following sections.
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Physical Damage
As a vehicle Host who has chosen a specific coverage package that the Company has made available through its licensed insurance partnerships, SHAiR’s insurance partners will, subject to terms and conditions, bear the risk of damage(s) to, destruction of, or theft of Your vehicle within the specific window of each Renter’s trip. This coverage applies only to transportation and usage within the United States.
In cases where damages are eligible and are covered by a package purchased by a Host, our Terms, Our partnered insurers, and/or related or partnered agencies, adjusters, or affiliates should pay You their option by paying the actual, substantiated costs of repairing the vehicle in question or by paying the ACV (actual cash value) of said vehicle (should the anticipated repair costs exceed three-fourths of the specific vehicle’s ACV, for example). A vehicle’s ACV (actual cash value) will be determined by the Company’s, insurance partners, and/or its third-party claims administrators, in abidance and compliance with any applicable laws. Should, Our insurance partners, or Our third-party claims agencies or administrators choose the latter option (to pay You the ACV for Your vehicle), You are required to transfer the vehicle’s title to SHAiR, its partners, or other involved parties.
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Damage Exclusions
There are some exceptions to the Company’s obligations in the “Physical Damage” section above, even where You have selected a coverage package. Neither We nor Our partnered Insurance providers (insurers nor producers) are responsible for any optional ‘Add-ons,’ additional requirements, or any personal property - including any aftermarket installations or accessories (e.g. equipment racks, sound system upgrades) - that are taken from Your vehicle or damaged during a rental or reservation period. We recommend removing all personal property before making the vehicle available for a trip. In addition, You should expect normal wear and tear on both Your vehicle and any optional ‘Add-ons,’ including minor scrapes and dings, in connection with Your participation in Our Services. We will not reimburse You for normal wear and tear to Your vehicle. Any protection, coverage, and/or insurance provided may be voided if You violate these Terms, our policies, and/or submit inaccurate information about Your vehicle when posting it for the purpose of sharing on the Services (for example, falsely represent the make, model, or year of the vehicle).
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Other Insurance and Legal Matters
In addition to the terms provided in the “Terms for Coverage Packages” section above and the “Hosts who decline SHAiR protection” section below, You agree to comply with any and all applicable laws and regulations, including applicable registration and minimum insurance requirements for Your vehicle. As part of Your participation in the Services, You must maintain Your own insurance policy and meet any minimum insurance levels required by law. In the United States, there is personal vehicle sharing legislation that may apply to You; more information is available in our FAQs (www.carshair.com/faq). Where permitted by law and where You opted for an Insurance coverage package made available by the Company or through its partnered Insurance providers, You hereby appoint SHAiR or its partnered Insurance provider(s) (whichever the case may be) as Your attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise administering an applicable insurance policy, and/or working with law enforcement, Renters, or private entities to recover unreturned or impounded vehicles. You also promise to maintain registration information and proof of insurance in Your vehicle during every trip duration. We and Our partnered Insurance provider/agency may obtain insurance through a third-party provider or may choose to self-insure (meaning the Company takes on all or part or all of the insurance obligations itself, subject to all applicable laws and regulations). You agree to provide Us with information regarding Your policy’s coverage as may be requested. You must inform Us promptly in the event information previously provided changes.
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Missing Vehicles
In the event, You had selected a coverage package via the Services and Your vehicle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), You, as the Host, must immediately contact a Company representative and follow his or her instructions, including cooperating with Us, the police, and any other authorities in all related to the investigation of the theft. In the event You are instructed by the Company (through any of its channels of communication) to file a police report, You must do so within 24 hours of receiving those instructions.
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Specific Terms for Hosts Who Decline SHAiR Protection (“Commercial Hosts”)
Should You decline a coverage package made available via the Services (such as if You choose to offer Your own commercial/rental policy to Renters) or where no coverage package is offered via the Services:
In exchange for keeping more of the trip price for Yourself, when You decline Our protection package or where no protection package is offered, You waive, on behalf of Yourself and any affiliated individuals (including, but not limited to, employees, employers, associates, contractors, or any other related personnel) or entities (whether they be corporations, partnerships, sole proprietorships, limited liability companies, or otherwise) (collectively, “Affiliates”) any coverage package normally offered via the Services, to You or any Affiliates, Your vehicles, and any Renters or approved drivers of all of the vehicles, You list via the Service.
When You choose to provide Your own commercial rental insurance in the United States, or where no protection or insurance is offered via the Services in Your region, You, as the Host, or an authorized representative acting on behalf of the Owner, shall be exclusively responsible for providing commercial rental insurance coverage for any trip with Your vehicles through the Service. You shall carry no less than the minimum legally required liability and/or physical damage automobile insurance for Your vehicle, Your Renter, and his/her authorized Secondary drivers. When You select to decline a coverage package or where none is offered in Your region, You represent and warrant that (1) You are a licensed commercial rental car company or are authorized to act on behalf of and bind a commercial rental car company in connection with posting vehicles on SHAiR; or (2) You are an individual or company, or are authorized to act on behalf of, and bind a company, that can offer commercial rental car insurance to Renters.
You further acknowledge and agree that You shall receive no protection or coverage from the Company, its partnered Insurance provider/agency, or any affiliates, whether that be financial responsibility for physical damage, third-party liability protection, uninsured or underinsured motorist coverage, PIP, or any similar coverage or indemnification, roadside assistance, or trust and safety support as part of the reservation of Your vehicle(s) when You have chosen to provide Your own commercial rental insurance. You shall add SHAiR as an additional named insured on all applicable automobile and excess liability policies. These provisions replace and supersede any representation made by the Company, or those acting on behalf of SHAiR, including but not limited to statements made on the Services, these Terms, FAQs, Policies, emails, and/or marketing materials, concerning insurance and/or protection and roadside assistance otherwise offered to Hosts and Renters when the Host does not decline protection via the Company or its partnered Insurance provider/agency.
We reserve the right to, but do not commit to, satisfy itself that You are, or are acting on behalf of, a licensed commercial rental car company and have the ability to offer commercial auto rental insurance to Renters/approved secondary drivers of Your vehicles when You choose to decline protection. If We have any concerns in this regard, You agree that We can automatically, and at Our sole discretion, default all of Your vehicles back to the Standard vehicle coverage package along with its associated fees (if offered in Your region), remove Your vehicle posts or suspend Your Account.
Should You for whatever reason lose the ability to offer commercial rental insurance to Your Renters (e.g., Your policy has been canceled or nonrenewed), You must immediately change the availability status of the vehicle. Should the change be only temporary, You may temporarily de-list Your vehicle(s) by changing its availability to “Unseen.” If You must permanently change the coverage package for Your vehicle(s) back to a coverage package made available via the Services, email us at contactusshair.co or by live chat using the website services or in-app services. You may never allow a Renter to pick up or continue to use a vehicle without providing them adequate insurance coverage.
You must disclose on Your vehicle post page any applicable additional fees, costs, and/or taxes You assess in addition to other requirements You may impose (such as a security deposit or the refusal to accept debit cards, as an example). You may never surprise or mislead Renters with hidden costs, requirements, or obligations at check-out (pick up; trip start) or check-in (trip end). We reserve the right, within Our sole discretion, to default Your vehicles back to a lower insurance coverage package, remove Your vehicle posts, or suspend Your Account for failure to be forthcoming, transparent, or otherwise not up-front with all prospective and actual Renters about any relevant fees, costs, and requirements on Your vehicle post’s page.
Prohibited Uses
Unlawful Activities
You agree that you will not participate in any unlawful activities throughout the Trip Duration while using the Company’s services. You will not engage, advocate, encourage, request, or assist any third parties with:
- Races, speed tracks, speed events, etc
- Driving under the influence
- Allow unauthorized users to operate the vehicle under any circumstances
You agree to be bound by these Terms and the Company’s Policies. Among other consequences or fees outlined in the linked policies, violating the terms will forfeit any protection for any claims related to physical damage and void any increased liability limits included with the protection, otherwise known as coverage selected.
Subleasing
You are not authorized to sublease any vehicle via the Service at any time.
Account Ownership
You will not register for a Company Account on behalf of an individual other than yourself. You agree to not impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity while using our Service.
Solicit Company Users, Partners, and Affiliates
You are prohibited from soliciting any Company Users or collecting User information without their or our consent.
No Vehicle Transfer or Assignment
Except as otherwise provided herein, Renters, SADs, and Hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle or optional Add-ons shared through the SHAiR Services.
Interfere with Company Services
You agree to refrain from interfering with any other User Accounts, including but limited to, account vehicles and account details. You promise to not store, retrieve data or other content from Our Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise. You understand that probing, scanning, and or testing the vulnerability of any of the Company’s systems or Our authentication and verification process may result in immediate termination of Your Account.
Other Insurance, Coverage, and Legal Matters
You agree to comply with any and all applicable laws and regulations, including applicable registration requirements for the Vehicle. You must maintain registration information and any coverage information in the Vehicle during the Trip.
Payments
In-app Purchases
The Application may include In-app Purchases that allow You to book Trips, purchase services, or Subscriptions. More information about how You may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms of service or in your Device's Help settings. In-app Purchases can only be consumed within the Application. If You make an In-app Purchase, that In-app Purchase cannot be canceled after You have initiated its download. In-app purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, Our Company, after becoming aware of the fault or being notified of the fault by You, will investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that We are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms of service.
If You have any payment-related issues with In-app Purchases, then you need to contact the Application Store directly.
Host Income
As a Host, You will receive a payment of a part of the Reservation Total after a deduction for the Company’s fee. The portion of the Daily Rate that you receive as payment is also determined by the Coverage package that You choose. Information about the Coverage packages and their specifications can be found here. In cases wherein You owe the Company an amount of money, for any purpose or reason, We reserve the right to deduct such an amount from the amount paid to You as SHAiR Income.
Trip Payments
By purchasing a Trip or Trip credits through the Service, You warrant that You are legally capable of entering into binding contracts. The Company’s payment processing services are facilitated by Stripe and are subject to the Stripe Connected Account Agreement.
(https://stripe.com/us/connect-account/legal), which includes the Stripe Services Agreement (https://stripe.com/us/legal) (collectively, the "Stripe Terms"). When You receive payment proceeds (“SHAiR income”) via Stripe, You agree to be bound by the Stripe Terms, which may be modified at Stripe’s discretion. As a condition of the Company facilitating Our payment processing and other financial services through Stripe, You are authorizing Us to obtain and hold all necessary access and perform any and all necessary activity on Your Stripe Connected Account in order to facilitate the sharing of Your vehicle on Our platform. Furthermore, You promise to provide complete and accurate information about Yourself, and hereby authorize Us to share such information as well as transaction information with Stripe, for the purposes of facilitating the payment processing services which are provided by Stripe. At its sole discretion, We reserve the right to change payment processing providers at any time.
When You provide Us a payment method, You authorize Us, or third-party service providers acting on behalf of Us, to store Your Payment credentials for future use in the event You have an outstanding balance owed to Us. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your purchase. Payment can be made through major credit cards, such as Visa, MasterCard, American Express cards, or debit cards issued by a major US or Canadian banking institution. Prepaid credit cards are not permitted.
All Trips must be paid in full when the Trip is accepted by the Service and may be subject to an additional security deposit at the sole discretion of the Company, which varies depending on the Vehicle value and Vehicle coverage. Security deposits, if any, will be held throughout the duration of Your Trip and returned in full in due course if there are no claims or reimbursement requests made against the Trip.
You validate that You are the authorized card user and We will not be held responsible for any unauthorized payments. You understand and agree that after completing Your Trip, You cannot dispute the Trip cost. If You dispute a charge, the Company has the right to use any documents or records and all courses of action available to challenge the dispute. If the Company overturns the Dispute, You will be responsible for an Administrative Fee of $100 and may also be removed from the Company’s services.
Fees
The fees We charge for using the Service and other cost structures will be itemized on the Trip Summary for all Users. You can verify the amount of Your Trip at checkout before You complete Your request. You authorize Us to use stored payment credentials for balances, including but not limited to trip costs, additional fees, and fines; late fees, security deposits, claim fees, reimbursements fees, processing, and/or administrative fees.
Collection of Fees
We and our service providers will employ all legal methods available to collect any amounts due on Trips, including the involvement of collection agencies or any legal counsel. We, or the collection agencies we retain, may also report information about Your Account to credit bureaus. As a result, late payments, missed payments, amounts due on any trips, or other defaults on your Account may be reflected in Your credit report. Delinquent accounts or chargebacks will be charged with additional fees that are attending to the collection of delinquent accounts or chargebacks including, but not limited to, trip costs, collection fees, administrative fees, and/or other third-party charges. To dispute the information We reported to a credit bureau (Equifax, for example), please email contactusshair.co. To dispute the information a collection agency reported to a credit bureau regarding Your Account, You must contact the collection agency directly.
Taxes
As a Host with Our Service, You are providing transportation solutions to members of the community as well as other travelers. We, therefore, require that you are familiar with applicable laws, rules, and/or regulations regarding permits, taxation, transport authorization, airport fees, or other requirements specific to Your general area(s) of travel and residence. In certain jurisdictions, We may enable the collection and remittance of certain taxes from or on behalf of Users, based on existing and future tax regulations, including marketplace facilitator or car-sharing regulations. The amount of taxes, if any, collected and remitted by Us will be visible to, and separately stated, to You and the Hosts on the respective trip-related documents and invoices. Where We are facilitating the collection and remittance of taxes, Hosts are not permitted to collect the same taxes on the Services in relation to their vehicle sharing in that jurisdiction.
Prices Policy
We reserve the right to revise our prices at any time prior to accepting a Trip. The prices quoted may be revised by the Company subsequent to accepting a Trip in the event of any occurrence affecting delivery caused by government action, variation in Customs duties, higher foreign exchange costs, and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Trip.
Enforcement Policy
We may choose, at our sole discretion, to act with greater or lesser leniency in the application and enforcement of any and all Terms, for the sake of establishing a more accommodating or just platform, Service, or experience.
Communications
For the purposes of achieving an efficient and effective environment and platform, You consent to the Company contacting You via the phone number(s) you have provided. These may take the form of SMS text messages, audiovisual or video calls, or automated phone message recordings. These mediums and means of communication may be employed in order to: relay confirmation of your account creation; establish the authenticity of the contact information provided; provide requested or necessary roadside assistance or towing updates or services; investigate, adjust or otherwise facilitate any insurance claim; notify you of updates or changes to Your account or activity therein; deter, pursue, or inhibit acts of fraud or suspected fraud; offer exclusive promotions or opportunities specifically related to Your Account, or pursuant to the collection of an owed amount. By using our Services, you agree to be contacted by contracted partners and service providers whose utilities or services are employed by the Company but have the reasonable expectation to not be contacted by unrelated or unauthorized companies or third parties. Any resulting costs or charges related to the use of your telephone, SMS text message, or mobile/roaming data in connection with Us contacting you are your sole responsibility. Consent for the above communication methods and actions can be revoked by contacting SHAiR directly for such cases where We are mandated or legally required to first obtain consent for said communications.
By using Our Service, you authorize SHAiR, its partners, and third parties services to monitor and record all communications with Yourself or anyone communicating on your behalf or who is otherwise reachable via the contact information You provide. No future or further notice is required, no additional warning or obligation to restate this information is needed. Those seeking to have telecommunications with SHAiR that are not recorded must contact Us at contactusshair.co with the subject line “Phone communications” so that we can make such arrangements
Short Code 74247
When You opt-in to the Service, We will send You a message to confirm Your signup. Text JOIN to 74247 to receive updates from the Company. Message and data rates may apply. You will receive up to three messages per week, Text "HELP" for help. Text "STOP" to cancel.
You can cancel this service at any time. Text "STOP" to 74247. After You send the message "STOP" to Us, We will send You a reply message to confirm that You have been unsubscribed. Thereafter, You will no longer receive messages from Us. If You want to join again, just text 74247 to rejoin.
If at any time You forget what keywords are supported, just text "HELP" to 74247. After You send the message "HELP" to Us, and We will respond with instructions on how to use the Service as well as how to unsubscribe.
US-based Customers, participating carriers: AT&T, Sprint/Boost/Virgin, T-Mobile, MetroPCS, Verizon Wireless. T-Mobile is not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to You from Us and to Us from You. If You have any questions about your text plan or data plan, it is best to contact Your wireless provider.
For all questions about the services provided by this short code, You can send an email to contactus@carhshair.com or call toll-free at 1-844-974-2471 (9 SHAiR 1).
If You have any questions regarding privacy, please read the Company’s Privacy Policy.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Content
Your Right to Post Content
The Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, edit, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (1) the Content is Yours (You own it) or You have the right to use it and grant the Company the rights and license as provided in these Terms, and (2) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third person using Your account.
User Content
We may, in our sole discretion, permit You to list, upload, publish, submit or transmit Content through our Services such as photography of Your Vehicle(s), reviews, feedback, and descriptions of You, or Your Trip. Any Content You share on or through our Services, You grant Us a worldwide, irrevocable, perpetual (or for the term of protection), non-exclusive, transferable, royalty-free license, with the right to exploit such content including but not limited to, sublicense, modify, distribute, publicly display, etc.
If We provide photography or videography for Your Vehicle or conduct an interview with You to create and publish marketing Content, our Company claims full rights and ownership of such content.
Content Restrictions
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
We reserve the right, but not the obligation, to, in our sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove your Content. We further reserve the right to make formatting and edits and change the manner of any Content. We can also limit or revoke the use of the Service if You post such objectionable Content.
As We cannot control all the content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, We do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. We will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that We have no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of Our Service.
Your Feedback to Us
You assign all rights, title, and interest in any Feedback You provide Us. If for any reason such assignment is ineffective, You agree to grant Us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Us.
Legal Disputes for Hosts and Renters
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW THE CLAIMS WHICH YOU AND SHAiR HAVE AGAINST EACH OTHER WILL BE OR ARE RESOLVED.
Subject to applicable law, You and the Company agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of these Terms, Your use of or access to our Services or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Applicable Law
Except as otherwise stated in the Agreement, the Agreement and Your use of the Services will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.
Agreement to Arbitrate
The Parties each agree that any and all disputes or claims that have arisen or may arise at any time between You and SHAiR (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) will be resolved by binding arbitration according to the procedure set forth below. For purpose of this Agreement to Arbitrate, “disputes and claims” shall have the broadest possible meaning that will be enforced and includes, without limitation, any and all disputes and/or claims that arise out of or in any way related to (1) the Agreement, including this Agreement to Arbitrate; (2) Your use of, or access to the Services, or any services sold, offered, or purchased through the Services (such as posting or sharing a vehicle); or (3) any breach, enforcement, or termination of the Agreement, including this Agreement to Arbitrate. Through this Agreement to Arbitrate, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, common law, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For the avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate, and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court. This includes, but is not limited to, the validity, enforceability, or scope of this Agreement to Arbitrate, all of which will be resolved by the arbitrator and not a court. The only exceptions to this Agreement to Arbitrate are: (1) each Party retains 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 a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the “Agreement to Arbitrate”); and (2) disputes or claims that can be brought in small claims court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Waiver of Class and Representative Actions and Non-Individualized
Relief. THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Arbitration Procedures
Arbitration uses a neutral arbitrator instead of a judge or jury. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of the Agreement to Arbitrate, or the interpretation of the section “Prohibition of Class and Representative Actions and Non-Individualized Relief”, shall be for a court of competent jurisdiction to decide. Where the relief sought is $25,000 or less, the arbitration will be conducted by FairClaims in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. Where the relief sought is $25,001 or more, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.
A Party who intends to seek arbitration must first send to the other, by email, a notice of dispute (“Notice”). The Notice to SHAiR should be sent via email to noticeofdispute@shair.co. Please provide Your name, telephone number, email, mailing address, and briefly describe both the nature of Your dispute and the relief You would like from SHAiR.
Should the Parties be unable to resolve the claims described in the Notice within 30 days after the Notice is sent, either Party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the FairClaims website (fairclaims.com) or the AAA’s site (adr.org). (The AAA provides a Demand for Arbitration form to be found here: https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form.pdf. Any settlement offer made by You or SHAiR shall not be disclosed to the arbitrator.
Any FairClaims arbitration hearing shall be held via written submission, or where requested, videoconference. Any AAA arbitration hearing shall be held in the county in which You reside or at another mutually agreed location. Either Party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the Parties subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. In cases where an in-person hearing is held, You and/or SHAiR may attend by telephone.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same SHAiR user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The Parties agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of any of the others, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the Parties or entities.
Cost of Arbitration
Should You initiate arbitration proceedings, You will be responsible for the initial filing fee, capped at $200. The Company will cover any additional costs of any FairClaims arbitration fees. Payment of any additional filing, administration and arbitrator fees will be governed by the AAA’s rules unless otherwise stated in the Agreement to Arbitrate.
Severability
With the exception of the provisions in the section “Prohibition of Class and Representative Actions and Non-Individualized Relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court should come to decide that any of the provisions in the section “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and its Legal Disputes Section will continue to apply.
Opt-Out Procedure
IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUTshair.co EMAIL ADDRESS ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. In order to opt-out, You must email Your name, address (including street address, city, state, and zip/postal code), and email address(es) associated with Your Account(s) to which the opt-out applies and to arbitrationoptoutshair.co. This procedure is the only way You can opt-out of the Agreement to Arbitrate. Should You opt out of the Agreement to Arbitrate, all other parts of the Agreement, these Terms, and its Legal Disputes Section will continue to apply to You.
Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in these Terms to the contrary, the Parties agree that if we make any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed against the Company prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If You do not agree to these amended terms, You may close Your Account within the 30 days of our posting or notification and You will not be bound by the amended terms but will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date You last accepted these Terms (or accepted any subsequent changes to these Terms). Once You have submitted a valid Opt-Out Notice to the Company, You do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid reference to future versions of these Terms.
Judicial Forum for Legal Disputes
Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to You or to a particular claim or dispute, either as a result of Your decision to opt-out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or court order, or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, You agree that any claim or dispute that has arisen or may arise between the Parties must be resolved exclusively by a state, federal, or small claims court located in Orange County, California. The Parties agree to submit to the personal jurisdiction of a state court located in Orange County, California, or the United States District Court for the Central District of California.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at contactusshair.co and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
Privacy
We care about the privacy of our Users. Our Privacy Policy outlines how We use and safeguard Your information. You understand that by using the Service, You are consenting to the collection, use, and disclosure of Your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have Your personally identifiable information collected, used, transferred to, and processed in the United States and Canada.
DMCA Notice and DMCA Procedure for Copyright
Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at contactus@shair.co. Upon receipt of a notification, We will take whatever action, at Our sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms of Service and privacy policies of any third-party websites or services that You visit.
Limitation of Liability and Waiver
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 50 USD if You haven't purchased anything through the Service.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST SHAiR AND ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “SHAiR PARTIES”) AND ANY SHAiR USER (EXCEPT AS DETAILED BELOW FOR TRANSACTIONS WHERE THE HOST PROVIDES THEIR OWN COMMERCIAL/RENTAL COVERAGE PACKAGES OR WITH RESPECT TO OPTIONAL EXTRAS) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, A VEHICLE NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A VEHICLE, 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 (EXCEPT IF DAMAGE ARISES FROM AN EXTRA) AND, IN THE CASE OF THE SHAiR PARTIES, ANY ACTIONS OR INACTION OF THE HOST. NEITHER SHAiR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR RESERVATION OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
Except for our obligations to pay amounts to applicable Hosts, Renters or SAD(s) pursuant to these Terms, including an approved payment request or claim under a coverage package or applicable insurance policy, in no event will SHAiR’s or its subsidiaries’ or insurers’ aggregate liability arising out of or in connection with this Agreement or Your use of the Services, exceed the greater of (i) the amounts You have paid or owe for reservations via the Services as a Renter or SAD in the twelve month period prior to the event giving rise to the liability, or if You are an Host, the amount earned by You in the 12 month period prior to the event giving rise to the liability, or (ii) US$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHAiR AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
To the maximum extent permitted by applicable law, the Company and its Affiliates and or suppliers shall not be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, We provide no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Our providers makes any representation or warranty of any kind, express or implied: (1) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (2) that the Service will be uninterrupted or error-free; (3) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (4) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the State, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are a resident.
The United States Legal Compliance
You represent and warrant that (1) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (2) You are not listed on any United States government list of prohibited or restricted parties.
Force Majeure
We will not be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of the Company, including natural disasters, acts of God, war, terrorism, pandemic, actions or decrees of governmental bodies, exchange or market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a "Force Majeure Event"). All of the obligations of SHAiR with respect to the effected elements under these Terms will be suspended for the duration of such Force Majeure Event.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Contact Us
If you have any questions, You can contact us:
- By email: contactus@carshair.com
- Toll-free: 1.844.474.2478 (i SHAiR 8)