Please read these Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By using Maven Car Sharing, you agree to follow and be bound by these Terms of Service.
These Terms of Service include an agreement to mandatory INDIVIDUAL arbitration, which means that you agree to submit any dispute related to Maven Car Sharing, these Terms of Service, or Maven's Privacy Statement to binding individual arbitration rather than proceeding in court. The dispute resolution provision also includes a class action waiver, which means that you agree to proceed with ARBITRATION OF any dispute individually and not as part of a class action. These Terms of Service also include a jury waiver. More information about the arbitration and class action waiver can be found in Section 12 below.
Safety. While using Maven Car Sharing, you must obey all laws, traffic rules, and traffic regulations governing the operation of Maven vehicles and peer car sharing owner vehicles. You will not access or use Maven Car Sharing in a manner that violates any law, rule, or regulation. Without limiting the foregoing, it is your sole responsibility to exercise discretion and observe all safety measures required by law, traffic rules, and traffic regulations while using Maven Car Sharing. Failure to meet these requirements or in any way operate vehicles safely may result in account deactivation.
Maven Member Experience is a team of dedicated representatives that can assist in answering your questions and concerns ("Member Experience"). They can be reached at 1-844-HIMAVEN (1-844-446-2836). If you have questions about these Terms of Service or Maven Car Sharing generally, please contact Member Experience.
Last Revised: February 27, 2020
Welcome and thank you for your interest in Maven!
Maven Drive LLC ("Maven," "we," "our," or "us"), provides a car sharing service that allows eligible and approved Maven users with active Maven Membership Agreements ("Members," "you," or "your") to rent Maven vehicles ("Maven Vehicles") and, where available, peer car sharing owner vehicles ("Peer Vehicles" and, together with Maven Vehicles, "Vehicles") for hourly or daily use ("Trips"). These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Maven governing your access to and use of our mobile application (the "Maven App") and all car sharing and other associated services (collectively, "Maven Services"). The Maven App and Maven Services together are collectively called "Maven Car Sharing."
This Agreement also applies to and governs Maven Peer Car Sharing with additional Peer Terms of Service contained in Addendum A: Peer Program Addendum.
Our Privacy Statement outlines how we use and safeguard your information. You understand that by participating in Maven Car Sharing, you consent to the collection, use, and disclosure of your personally identifiable information and aggregate data described in our Privacy Statement, and to have your personally identifiable information collected, used, transferred to, and processed in the United States.
Where permitted by law, we may update, modify, or amend the terms of this Agreement from time to time during your participation by posting the updates on our website or otherwise making the updates available to you. It is your responsibility to frequently review the updates during your participation in Maven Car Sharing. You may cancel your participation in Maven Car Sharing at any time by providing notice to Member Experience or as otherwise provided in this Agreement.
The following summarizes the terms of this Agreement to which you agree:
Detailed Terms and Conditions
1. BASIC TERMS
1.1. Maven or our Vehicle supplier, as identified on the insurance document in the glove box compartment of the Vehicle ("Supplier"), own the Maven Vehicle. You acquire no ownership interest in any Vehicle or other items provided to you during your participation in Maven Car Sharing.
1.2. We may add or remove Vehicles from Maven Car Sharing in our sole discretion. We do not guarantee that any Vehicle will be available to you. Your right to use any Vehicle is subject to Vehicle availability, your continued eligibility, and the terms of this Agreement.
1.3. You agree that you are solely responsible for complying with all applicable laws, regulations, local ordinances, and this Agreement.
1.4. You may not register more than one (1) Account unless we authorize you to do so. You may not assign or otherwise transfer your Account to another party.
2. ELIGIBILITY REQUIREMENTS
2.1. Your participation in Maven Car Sharing is subject to our approval and your participation may be denied or terminated based on changes to eligibility criteria, which may be updated from time to time as permitted by this Agreement and applicable law. You must meet and continue to meet during your participation in Maven Car Sharing the following eligibility requirements, which you represent and warrant that you meet at this time:
2.1.1. You possess a valid driver's license which is not modified, suspended, revoked, or restricted (except for corrective lens) and will present it to Maven upon reasonable request for proof. The driver's license must be valid for the entire rental period. If you possess a non-US driver's license it must be valid in the state in which you reside. You may also be required to verify that you are the person included on the driver's license by providing a selfie image of your face from your mobile device.
2.1.2. You do not have a current outstanding balance with Maven.
2.1.3. You have not been involved in:
2.1.4. You are at least 18 years of age or 24 years of age for Peer reservations; For age requirements in Peer Vehicles, see Section A2.2; and
2.1.5. You have not been convicted in the last 5 years of the following violations:
2.1.6. You are otherwise eligible under and will comply with all laws and regulations, including any export controls, economic sanctions, or other related laws and regulations, in relation to your participation in Maven Car Sharing.
2.2. You understand and agree that, if Maven receives notifications by prosecution authorities of violations of laws, regulations, or rules, including traffic rules, allegedly committed with a Vehicle, Maven will be entitled to provide your complete and accurate data to the respective prosecution authorities.
2.3. You consent to and authorize Maven, to the extent permitted by law, to perform or have performed a background check of you and of your driving history and/or driving record. You have reviewed and understand the information, statements, and notices in Addendum B to this Agreement.
2.4. We reserve the right to suspend or remove you from Maven Car Sharing in our sole discretion, including but not limited to our discovery of your non-compliance with the foregoing eligibility requirements.
3. RESERVING AND RETURNING A VEHICLE
3.1. You may rent a Vehicle on an hourly or a daily basis through Maven Car Sharing and subject to the terms of this Agreement.
3.2. You may reserve a Vehicle through the Maven App following enrollment and approval of your eligibility. The Maven App should be downloaded to an Android or iOS device.
3.3. The Maven App allows you to gain access to the Vehicle during the time of your reservation. When you book a reservation, you must select a time to start your reservation and the end time of your reservation.
3.4. When you book a reservation, we will pre-authorize a charge to your payment method on file (the "Pre-Authorization Charge"). If your payment method rejects this Pre-Authorization Charge, your reservation may be cancelled. If you book the reservation within 24 hours of the start of your Trip, we will incur a Pre-Authorization Charge immediately when you complete the booking. If you book the reservation 24 hours or more before the start of your Trip, you will incur a Pre-Authorization Charge 24 hours before the start of your Trip. If you cancel your reservation at least 24 hours prior to the start of your Trip, you will be refunded the Pre-Authorization Charge.
3.5. Before your reservation start time, you will receive a message indicating when you can begin your Trip.Prior to the commencement of your Trip, you must complete a Pre-Trip Report and submit photos documenting the condition of the Vehicle at the time you pick up the Vehicle. The Pre-Trip Report will be accessible 8 minutes prior to the reservation start time through the Maven App and you will be prompted to complete the report upon seeking to start your Trip. (Failure to complete a Pre-Trip Report and submit photos will prevent access to the Digital Key for the Vehicle). Upon completion of the Pre-Trip Report, access to the Digital Key will become available at your reservation start time. The Maven App on your mobile device will act as the key to the Vehicle. You must have the mobile device you used to create the reservation inside the Vehicle to drive. You will lock and unlock the Vehicle using the Maven App. Your mobile device must be powered and fully functioning to access and start the Vehicle and to start and end your Trip.
3.6. At your reservation end time, you should return the Vehicle to the same location where you picked it up. Leaving the Vehicle somewhere other than where you picked it up may result in late fees or other charges. If the Vehicle is not returned to the proper location when your reservation ends, to the extent permitted by law, we may disable and/or recover the Vehicle at your expense without notice to you. At your reservation end time, you must also complete a Post-Trip Report and submit photos documenting the condition of the Vehicle at the time you return the Vehicle. You will be prompted to complete the Post-Trip Report through the Maven App when selecting "End Trip". (Failure to complete a Post-Trip Report and submit at least four (4) photos of the Vehicle will prevent you from ending the reservation).
3.7. To the extent permitted by law, we may disable and/or recover a Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement.
3.9. If your reserved Vehicle is returned and your Trip is ended prior to the reservation end time, you will not be refunded for unused hours. If your reserved Vehicle is returned and your usage fees are less than the Pre-Authorization Charge, we will return the difference to your payment method.
3.10. For rentals commencing in Colorado: Failure to return the Vehicle within 72 hours of the dueÃƒÂ¢Ã¢â€šÂ¬Ã¢â‚¬Ëœin date is a felony according to Colorado Revised Statutes Ãƒâ€šÃ‚Â§18-4-401.
3.11. For rentals commencing in the District of Columbia:
D.C. Code Ãƒâ€šÃ‚Â§ 22ÃƒÂ¢Ã¢â€šÂ¬Ã¢â‚¬Å“3215.
3.12. For rentals commencing in Florida: Failure to return rented property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable under the section 812.155, Florida Statutes.
3.13. For rentals commencing in Massachusetts: If the Vehicle is not returned within 48 hours of the date due, we will report it to the police department as stolen or beyond our control under ALM ch. 266 Ãƒâ€šÃ‚Â§ 87A.
4. USE OF THE VEHICLE
4.1. No unauthorized drivers. You understand that only you, another Member, or another person authorized by law to drive a Vehicle rented by you are authorized to drive a Vehicle that you reserve and rent under this Agreement. Besides other rights and remedies that we may have in this Agreement, if you allow for use of a Vehicle by someone who is not an authorized driver, you will be removed from Maven Car Sharing.
4.2. Emergency assistance. In an EMERGENCY, you must press the red OnStar button for assistance or call 911. Further instructions regarding incident and crash procedures are in the glovebox.
4.3. Fuel. For hourly and daily Maven Vehicles, fuel is free to you while using the Maven Vehicle. Our intention is to make each Maven Vehicle available to you with at least 1/4 tank of fuel. If you need fuel while out with the Maven Vehicle there is a fuel card in the Maven Vehicle. Fuel cards may only be used for the Maven Vehicle you have reserved. You are required to return the Maven Vehicle with at least 1/4 tank of fuel or you will be charged a $30 low fuel fee plus applicable taxes. Any additional fuel, including that required to ensure the Maven Vehicle is returned with 1/4 tank of fuel, is your responsibility. Any receipts for fuel must be dated, time stamped, and itemized for reimbursement. Any misuse of fuel cards may lead to the suspension or termination of your Account; you will reimburse us if you use a fuel card for any expenditure other than fuel for the Maven Vehicle as authorized above. For fuel in Peer Vehicles, see Section A4.7.
4.4. BOLT EVs. If you have reserved a BOLT EV Vehicle and if you choose to use the charging cord to charge the Vehicle at home, it is recommended that a certified electrician inspect any outlet prior to using it to charge a BOLT EV. You are solely responsible for any damage to your household outlet.
4.5. Pick-up and return location. At the start of your Trip, the Vehicle will be available for you in a location designated in the Maven App. You must return the Vehicle to the rental location you have chosen within the Maven App. We reserve the right to charge for not returning the Vehicle to the same rental location where you picked up the Vehicle.
4.6. Parking. While on a Trip, you may park in any legal parking space. You are responsible for all parking fees, fines, and tickets that may result from parking the Vehicle. Maven reserves the right to charge any unpaid parking ticket fees to the payment method you provided on file.
4.7. Cleaning. You are kindly asked to remove all trash and return the Vehicle in a clean condition.
4.8. Towing. You are prohibited from towing or pushing anything with the Vehicle or overloading the Vehicle.
4.9. Use area. The Vehicle must not be driven or otherwise taken outside of the United States.
4.10. No smoking. Smoking is not allowed at any time by you or any passenger in the Vehicle.
4.11. Animals or pets. You may take a pet in the Vehicle but only if it is kept in a locked pet carrier. Licensed service animals are allowed in the Vehicle at any time without a carrier.
4.12. No servicing Vehicle. You must not perform or take the Vehicle in for repair or any service under any circumstances; the Vehicle can only be warranty repaired or serviced by us.
4.13. No operation while impaired. You agree to never drive the Vehicle while impaired by medication, illness, fatigue, or injury.
4.14. No alcohol or illegal drugs. You agree not to use any illegal drugs or alcohol prior to or while driving the Vehicle and understand that we have a zero-tolerance policy for being under the influence of or drinking alcohol or taking illegal drugs when using the Vehicle.
4.15. Use of safety restraints. You will ensure the proper use of safety belts and child safety restraints for all occupants; you will not permit anyone under 13 years of age to ride in the front seat of the Vehicle.
4.16. Reimbursements. If you seek reimbursement for any expenses associated with your use of a Vehicle, you must provide Maven an itemized, date and time stamped receipt must be submitted within 30 days of the reservation date for reimbursement. Prepaid receipts and credit card statements are not accepted and will be denied for reimbursement.
Notice for New York Rentals: NEW YORK STATE LAW REQUIRES ALL CHILDREN UNDER THE AGE OF EIGHT TO BE RESTRAINED IN A FEDERALLY APPROVED CHILD RESTRAINT SYSTEM
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer's recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer's recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. You are responsible for supplying a child safety seat or renting one from us.
4.18. Obey all traffic laws. You will obey all applicable motor vehicle laws, speed limits, codes, and regulations, including all local ordinances and state laws addressing distracted driver restrictions. You will drive in a defensive manner, anticipating situations where incidents are likely to occur.
4.19. No hand-held device use. You understand that use of hand-held communication devices is prohibited except in cases of emergency. The Vehicle must be brought to a safe stop or safe location if a call or text must be placed or received. You understand that use of radar and laser detection devices is prohibited.
4.20. Safe driving. You agree not to operate the Vehicle in a test, race, contest, or off-road.
4.21. No transport of dangerous items. You agree not to use the Vehicle to transfer hazardous, toxic, flammable, poisonous, or otherwise dangerous goods.
4.22. Securing vehicle. You understand that when the Vehicle is not in use, you will secure it by closing the windows, closing and locking the doors, and parking it in a reasonably safe and secure location.
4.23. No modification to Vehicle. You must not modify, disconnect, or otherwise interfere with the operation of the odometer, emissions control equipment, cameras, or any other equipment installed on or in the Vehicle.
4.24. No improper use of Vehicle. You must not use the Vehicle in connection with a felony or other crime (other than a minor traffic violation) or any other illegal purpose, to harass, mislead, or harm anyone, in a manner that disparages or tarnishes the reputation of Maven or any Maven affiliate, or in violation of this Agreement.
4.25. Firearm Policy. Maven prohibits Members and passengers from carrying firearms of any kind while using Maven, to the extent permitted by applicable law. Please note that the only situation where we would allow a firearm while using the app is if you are transporting your firearm in accordance with the Transportation Security Administration rules for transporting firearms and ammunition. Among other requirements, that means your firearm must be unloaded and locked in a hard-sided container in the trunk of the Vehicle. All parts, including magazines, clips, ammunition, and bolts and firing pins must also be transported in the trunk of the Vehicle. Failure to comply with this policy may lead to Account deactivation.
5. RULES AND RESPONSIBILITIES
5.1. You agree that you are responsible for the following:
5.1.1 Keeping your personal information, including payment information, up-to-date within your Account. We may validate such updated information to verify your continued membership. We will in no way be responsible or liable for any fines, damages, penalties, or any other costs or liabilities resulting from your failure to provide us with up-to-date personal information.
5.1.2. Any loss of, or damage to, goods and personal belongings in or on the Vehicle whether owned by you or third-parties. Neither we nor Supplier take responsibility for any loss or damage;
5.1.3. Any traffic, moving, or parking violation citations, fines or other penalties incurred from use of the Vehicle. Without limiting or altering any insurance or indemnification obligations in this Agreement, you will cooperate with us and Supplier in the defense of any claims or lawsuits against us or Supplier related to your use or possession of the Vehicle.
5.1.4. All fines, forfeitures, and penalties incurred from the use of the Vehicle.
5.1.5. Immediately notifying Maven of any event that involves theft, attempted theft, vandalism, Vehicle damage of any kind, or impact with a vehicle, object, or pedestrian (injured or not) even if there appears to be no damage to the Vehicle, by calling (800) 572-2936 to speak with a Maven incident management advisor. If a Vehicle is not safe to drive after an event, you must file a police or security report within 24 hours of the incident and provide Maven a copy of that report to prevent being charged for the rental after the event.
5.1.6. Maintaining the confidentiality and security of your Account credentials. You may not disclose your credentials to any third-party. You must immediately notify Member Experience if you know or have any reason to suspect that your credentials have been lost, stolen, or otherwise compromised or if any actual or suspected unauthorized use of your Account occurs. You are responsible for any activities conducted through your Account.
5.1.7. Immediately notifying Member Experience if your driver's license expires or is modified, suspended, restricted, revoked, or if you otherwise no longer meet an eligibility requirement.
5.1.8. Reviewing all state law disclosures contained in Addendum B to this Agreement.
5.1.9. Not engaging in any violent, harmful, abusive or disruptive behavior toward anyone while participating in Maven Car Sharing.
6.1. Forms of payment. All fees and charges plus applicable taxes and surcharges will be charged to the payment method you provide in the Maven App. Any credit or debit card you provide as your payment method must be linked to a financial institution in the U.S. or Canada. We do not accept prepaid credit, digital, or gift cards as a method of payment. This payment method must be your own credit or debit card issued to you and for you.
6.2. Usage fees. You agree to pay us usage fees per the then-applicable usage rate associated with the Vehicle you choose when you make the reservation plus applicable taxes, fees, and surcharges that are incurred in connection with use of the Vehicle associated with your Account. Daily rates are based on a 24-hour period.
6.3. For rentals commencing in Colorado: A Colorado road safety fee of $2.00 per day will be charged.
6.4. For rentals commencing in New Jersey: A domestic security fee of $5.00 per day will be charged.
6.5. Late fees. If you return the Vehicle later than the reservation end time, and to the extent permitted by law, a $50 late fee plus applicable taxes will be charged per hour in addition to the usage rate of the Vehicle unless you have reported the Vehicle as stolen. You must click "End Trip" in the Maven App upon returning the Vehicle and must return the Vehicle to the location where you picked it up as designated in the Maven App. Failure to do so may result in late fees. Subject to Vehicle availability, you may extend your reservation end time to avoid a late fee in the Maven App. You will be charged the usage rate for the Vehicle for the additional time if you choose to extend your reservation end time.
6.6. Mileage fees. You will have a 180-mile maximum driving distance per 24-hour day per reservation for hourly and daily Trips. For Trips driven above the maximum miles, you agree to pay $0.42 per mile plus applicable taxes. For mileage fees in Peer Vehicles, see Section A4.8
6.7. Low fuel fees. Each Maven Vehicle includes a fuel card for your use during your Trip. Maven Vehicles must be returned with at least 1/4 tank of gas. A $30 fee plus applicable taxes will be charged if you return a Maven Vehicle at the end of your Trip with less than Ãƒâ€šÃ‚Â¼ tank of gas. If the fuel card is not returned with the Maven Vehicle at the end of your Trip, you may be charged $50 plus applicable taxes. For additional information about fuel and how to use the fuel card, see Section 4.4 of this Agreement. For fuel in Peer Vehicles, see Section A4.7.
6.8. BOLT EV fees. If you have reserved a BOLT EV Vehicle, you may be provided with an EVgo electric charging card. If you lose the card, you will incur a $5 replacement fee. The BOLT EV Vehicle also comes with an electric charging cord and, if it is damaged or lost, you will be charged $525 to replace it. A BOLT EV Vehicle must be returned with at least 25% battery charge. If it is returned with less, you will be charged a $50 fee.
6.9. Reservation changes. You can cancel or change your reservation at no charge up to 24 hours before your Trip is scheduled to begin. If you cancel or change your reservation within a 24-hour window of the reservation, you will be charged for the full reservation.
6.10. Tickets and violations fees. You are responsible for timely response to and for paying any charges for parking tickets and moving violations incurred during your Trip. If we receive a notice and process a violation (including toll violations), you will be charged the ticket and violation fee and a $30 processing fee plus applicable taxes. You also authorize us to provide your personal and payment method information to the charging authorities to process a violation. You understand and agree that, if Maven receives notifications by prosecution authorities of violations of laws, rules, or regulations allegedly committed with a Vehicle rented by you, Maven may provide your complete and accurate data (full name, date of birth, address) at the time of the alleged traffic rule violation to the respective prosecution authorities.
6.11. Tolls. You will be responsible for any tolls incurred while using the Vehicle though the Vehicle may have a toll pass. If your Vehicle has a toll pass, you will be charged the toll fee to the card you have on file and this charge may take place up to 90 days beyond your reservation depending on the timing of payment processing by certain tolling authorities. Tolls incurred may also be subject to a processing fee of up to $5.00 per instance.
6.12. For rentals commencing in Colorado: Pursuant to the requirements of C.R.S. Ãƒâ€šÃ‚Â§ 43-3-302 and C.R.S. Ãƒâ€šÃ‚Â§ 42-4-1209, you are liable for payment of any toll evasion violation civil penalties and any parking violation fines incurred during the term of the rental period. If a penalty is incurred, your name, address, and state driver's license number will be furnished (to the extent permitted by law) to the toll road or toll highway company (for toll violations) or to the prosecutorial division of the appropriate jurisdiction (for parking violation fines).
6.13. For rentals commencing in Illinois: You are liable for payment of any toll evasion violation civil penalties and any parking violation fines incurred during the term of this rental period. If a penalty is incurred, your name, address and state driver's license number may be furnished to the toll road or toll highway company (for toll violations) or to the prosecutorial division of the appropriate jurisdiction (for parking violations fines).
6.14. Cleaning fee. You are to return the Vehicle in a clean condition for others to use. If found otherwise (for example, carpet or upholstery stains, odor or residue from smoking, pet hairs, etc.) you will be charged up to $150 plus applicable taxes for cleaning fees.
6.15. Lost keys. If you have been given keys to the Vehicle to have the Vehicle valet parked, you will be charged the actual cost of key replacement up to $250 if those keys are not returned at the end of the Trip.
6.16. Cameras and other hardware. You will not remove, modify, reverse engineer, or otherwise tamper with any hardware or collateral installed in the Vehicle or the Vehicle itself. Violations of this requirement will result in a $495 fine.
6.17. Other violations. Besides other rights and remedies we may have in this Agreement, we may charge you the actual cost to us, plus applicable taxes, for any violation of the Agreement if the violation results in a visit by us to the Vehicle to remedy the situation (including if due to towing, impoundment, necessity of cleaning or re-fueling, etc.)
6.18. Payment method. Other than the usage fee charged to you upon booking the reservation, we will charge for all fees as they are incurred by you monthly (retroactively for the previous month) to the payment method you provided on file. You may cancel the use of your credit or debit card by terminating your participation in Maven Car Sharing and providing notice to Member Experience. You remain responsible for any fees or damages incurred prior to your termination. Any changes to the pricing will be available on the website www.maven.com. Your credit or debit card will be charged retroactively for any tolls or unpaid parking tickets incurred during the previous month. You will receive an email receipt with the breakdown for each Trip of charges applied to the payment method on file.
6.19. Cancellation & refund policy. Except for cancellations completed 24 hours prior to the start of your trip, we do not provide refunds of the Pre-Authorization Charge or any other fees. If you believe you have been charged in error, you must submit a formal request to Member Services and include your name, phone number, and reason for refund request. Requests will be reviewed and responded to within five (5) business days.
6.20. Billing. If a payment card charge is declined by your payment card issuer (either for a Pre-Authorization Charge or incurred fees or charges), we may immediately suspend or terminate your membership. We reserve the right to assign a delinquent Account to a third-party collection agency.
7. USE OF ONSTAR SERVICES
7.1. We will use OnStar to contact the Vehicle directly or require other direct access to the Vehicle if an emergency occurs or for other business reasons as permitted by law.
7.2. By participating in Maven Car Sharing, you agree to be bound by the OnStar Terms and Conditions, except as otherwise provided in this Agreement.
7.3. You may not disable location services on the Vehicle.
8. COLLECTION, USE, AND SHARING OF INFORMATION
8.1. To provide Maven Car Sharing to you, we will collect, use, and share certain information about you (that you have provided to us), your use of the Vehicle, and the OnStar services equipped in the Vehicle. You consent to our collection, use, and sharing of this information as described within the Privacy Statement, the OnStar Terms and Conditions and Privacy Statement, and as summarized below. The OnStar Privacy Statement is posted at https://www.onstar.com/us/en/footer-links/privacy-policy.html.
8.2. We will collect your name, address, telephone number, email address, driver's license number, date of birth, the driver's license expiration date and state of issuance and, if you have a Pennsylvania driver's license, the last four digits of your social security number. This information will be provided to our trusted service provider to perform a background check of your driving history and/or driving record, so we can confirm your eligibility to participate in Maven Car Sharing. We may also use this information to conduct screening to ensure you are not included on any U.S. or other government lists of restricted parties.
8.3. We will collect your billing information, including your name, credit card number, credit card type, expiration date, and CVV number to provide the information to our trusted payment service provider, so we can process your payments for Maven Car Sharing.
8.4. All Vehicles have OnStar services. To the extent permitted by law, we will actively collect information related to your use of the Vehicle through these OnStar services. This information includes, but is not limited to: Vehicle location data, Vehicle make/model/trim, performance data, time of use, ignition on/off status, odometer, oil life remaining, tire pressure, high/low impact events, and use of individual OnStar services. Any violation of this Agreement confirmed by this information may cause the termination of your participation in Maven Car Sharing.
8.5 To the extent permitted by law, all Vehicles are equipped with active cameras which record images inside the Vehicle (including images and activities of the driver and passengers) and images outside of the Vehicle. You consent to this recording and to our collection, use, and sharing of these recorded images as described in our Privacy Statement.
8.6. We will also collect information from the device through which you are participating in Maven Car Sharing, such as device location, to provide Maven Services to you and to enable certain OnStar services, such as remote door lock/unlock.
8.7. The Maven App is used to manage Vehicle reservations in Maven Car Sharing. Your use of the Maven App is subject to this Agreement, the End User License Agreement, the Privacy Statement for the Maven App, and the OnStar Terms and Conditions and Privacy Statement.
9. ACCIDENTS; DAMAGE TO OR LOSS OF VEHICLE; MEMBER RESPONSIBILITY FOR DAMAGE TO OR LOSS OF VEHICLE
9.1. Accidents. In the event of an accident or other incident involving a Vehicle, you must follow the incident procedures outlined in Section 5 of this Agreement, and provide Maven and its agents with a copy of any reasonably requested information relating to the incident, the allocation of fault or liability, and costs and expenses associated with the incident, including any applicable insurance coverage. You are not responsible for late fees for Vehicles stolen during a reservation if you immediately notify Maven of the theft as described in Section 5 above.
9.2. Member's Damage Responsibility. As permitted by law, you are responsible for any loss of or damage to the Vehicle resulting from any cause ("Member's Damage Responsibility") including but not limited to collision, rollover, theft, vandalism, seizure, fire, flood, hail, or other acts of nature or God regardless of fault. Damages include our estimated repair cost, or if, in our sole discretion, we determine to sell the Vehicle in its damaged condition, you will pay the difference between the Vehicle's retail fair market value before it was damaged and the sales proceeds. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, and antenna, as part of the rental charges upon return. If the Vehicle is stolen and not recovered you will pay us the Vehicle's fair market value before it was stolen. As part of our loss, you will also pay for loss of the Vehicle, without regard to our fleet utilization, plus an administrative fee for processing the claim, costs associated with recovery of the Vehicle, plus towing and storage charges, if any. You are not responsible for normal wear and tear on the Vehicle. Before and after each reservation, please check the Vehicle inside and out and report any damage in the required Pre-Trip and Post-Trip Reports.
a. Pre-Trip Reports: Prior to the commencement of your Trip, you must complete a Pre-Trip Report and submit photos documenting the condition of the Vehicle at the time you pick up the Vehicle. The Pre-Trip Report will be accessible 8 minutes prior to the reservation start time through the Maven App and you will be prompted to complete the report upon seeking to start your Trip. (Failure to complete a Pre-Trip Report and submit photos will prevent access to the Digital Key for the Vehicle). Upon completion of the Pre-Trip Report, access to the Digital Key will become available.
b. Post-Trip Reports: Upon completion of the Pre-Trip Report, access to the Vehicle will be given at your reservation start time. At your reservation end time, you must complete a Post-Trip Report and submit photos documenting the condition of the Vehicle at the time you return the Vehicle. You will be prompted to complete the Post-Trip Report through the Maven App when selecting "End Trip". (Failure to complete a Post-Trip Report and submit at least four (4) photos of the Vehicle will prevent you from ending the reservation).
9.3. Authorization to Recover. Maven may recover Member's Damage Responsibility by charging the payment method that you have in place with Maven or through other collection methods available to Maven and, for rentals commencing in New York, to the extent the cost of damage and liability have been agreed upon between you and Maven. You hereby authorize Maven to collect these amounts by charging the debit or credit card that you have on file with Maven.
9.4. For rentals commencing in New York: You are responsible for (a) all physical damage to the Vehicle, whether or not you are at fault; (b) mechanical damage related to an accident or caused by your abuse or neglect; and (c) theft of the Vehicle up to its fair market value if it is established that an authorized driver failed to exercise reasonable care or that an authorized driver committed, aided, or abetted in the theft of the Vehicle. If you are responsible for any damage or loss of the Vehicle, as detailed herein, your liability is limited to the lesser of the following by New York state law: (i) the actual and reasonable costs that were incurred to repair the Vehicle, including fees for towing, storage and impound, or the costs that would have been incurred if the Vehicle had been repaired, which shall reflect any discounts, price reductions, or adjustments available to us; or (ii) the fair market value of the Vehicle immediately before the damage occurred, as determined in the applicable market for the retail sale of the Vehicle, less any net disposal proceeds.
9.5. For rentals commencing in Illinois: Regardless of fault, you are responsible for theft or loss of the Vehicle and all damage to it, including damage caused by collision, weather, road conditions, acts of nature, theft, and vandalism. Your responsibility includes all physical damage to the Vehicle measured as follows: (a) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle; (b) if we determine that the Vehicle is repairable, the reasonable estimated retail value or actual cost of repair. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them. If the Vehicle's MSRP is $50,000 or less: until June 1, 2017, your responsibility for loss or damage due to causes other than theft will not exceed $17,500. Beginning June 1, 2017, and annually each June 1 thereafter, the maximum amount we may recover from you for damage to the Vehicle increases by $500 above the maximum recovery allowed immediately prior to June 1 of that year. You are responsible for loss due to theft of the Vehicle up to a maximum of $2,000, unless you fail to exercise ordinary care while in possession of the Vehicle, or unless you committed, or aided in, the theft of the Vehicle, in which cases you are liable up to the Vehicle's fair market value. If the Vehicle's MSRP is over $50,000: Beginning on October 1, 2016, your responsibility for loss or theft of or damage to the Vehicle will not exceed $42,500. Beginning on October 1, 2017, the maximum amount we may recover will increase by $2,500 on October 1st of each year. Beginning on October 1, 2020, the maximum amount we may recover will increase by $1,000 on October 1st of each year. The maximum amount we may recover for the theft of a Vehicle is limited to the actual and reasonable costs incurred by the loss due to theft of the Vehicle up to $40,000.
9.6. For rentals commencing in California: You are responsible for all damage to and loss of the Vehicle caused by collision. Your responsibility includes: (a) all physical and mechanical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle calculated in accordance with California law; (ii) if we determine that the Vehicle is repairable: the reasonable estimated retail value or actual cost of repair; (b) an administrative fee as permitted by California law; and (c) our actual charges for towing, storage, and impound. You are responsible for loss due to theft of the Vehicle and any damage caused by vandalism that occurs in connection with a theft if you fail to exercise ordinary care while in possession of the Vehicle. You are responsible for damage due to vandalism not associated with theft of the Vehicle up to a maximum of $500. You are responsible for replacing missing equipment and Vehicle documents and keys. You must report all Vehicle accidents or incidents of theft and vandalism to us and the police upon discovery.
9.7. WARNING: California Vehicle Code Ãƒâ€šÃ‚Â§ 10855 provides the following: "Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 5 days after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle."
10. INSURANCE; INDEMNIFICATION; LIMITATION OF LIABILITY; PERSONAL PROPERTY
10.1. Maven Vehicle Insurance. Insurance is provided on Maven Vehicles while you are operating the Maven Vehicle under Maven Car Sharing in compliance with the terms of this Agreement. Maven's automobile liability insurance for Maven Vehicles provides coverage of at least the minimum financial responsibility limits required by state law. If this Agreement is violated or if other parties claim damages (such as for personal injury or property damage) then you may be liable to Maven or to such other parties beyond those limits. Violations of this Agreement may void the insurance coverage provided by Maven. For insurance provided on Peer Vehicles, please refer to Section A3 of this Agreement.
10.2. Limitations of Coverage. You understand that we may not maintain an insurance policy covering all circumstances arising from your participation in Maven Car Sharing or any event related to that participation, and you are aware that you should review your personal insurance coverage.
10.3. Notice for rentals commencing in Florida: The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by Ãƒâ€šÃ‚Â§324.021(7) and 627.736, Florida Statutes.
10.3. Notice for rentals commencing in Maryland: If our Vehicle is a replacement vehicle as defined in Ãƒâ€šÃ‚Â§ 17-104 of the Maryland Transportation Code, the liability insurance coverage on the vehicle being replaced (your vehicle) is primary, and any liability coverage we provide on the Vehicle is secondary.
10.5. Notice for rentals commencing in Michigan: For liability losses involving third persons occurring in Michigan, we are responsible only up to $20,000 for bodily injury to or death of one person in any one accident and $40,000 because of bodily injury to or death of two or more persons in any one accident, and only if you or a member of your immediate family were operating the Vehicle at the time of the accident. You may be liable to us up to the same limits, and you may be liable to injured third persons for amounts over those limits.
10.6. Indemnity. In addition, you agree to defend, indemnify, and hold harmless us, our affiliates, and respective directors, officers, shareholders, employees, and agents, and Supplier, from all claims, liability, and expenses arising out of your non-compliant, negligent, or reckless use of the Vehicle, regardless of whether those claims arise from you or any third party excluding those arising out of Maven's gross negligence or willful misconduct and to the extent permitted by New Jersey law if you are a renter in New Jersey. Where permitted by law, we may recover damages suffered by us or Supplier that you owe under this Agreement by charging the payment method you provided.
10.7. Limitation of Liability. Unless prohibited by law, neither Maven nor Supplier are liable to you for any indirect, incidental, special, punitive, or consequential damages including loss of opportunity or lost profits arising from this Agreement, your participation in Maven Car Sharing, or using the Vehicle. Maven is not liable to you for any loss, damage, cost, or liability suffered by or imposed upon you due to your breach of this Agreement. Maven has no liability with respect to any of your responsibilities under Section 5 of this Agreement.
10.8. Personal Property. Neither we nor Supplier are responsible for loss of or damage to your or any other occupant's personal property left in the Vehicle.
11. TERM AND TERMINATION; ENFORCEABILITY
11.1. Term. This Agreement becomes effective upon your acceptance of the Terms and all ancillary consents (the Privacy Statement and the OnStar services User Terms and Privacy Statement) when you click to accept this Agreement or by your use of any aspect of Maven Car Sharing and expires upon your notification to us by calling 1-844-HIMAVEN (1-844-446-2836) unless earlier terminated by us in our sole discretion.
11.2. Termination. We or you may terminate this Agreement at any time for any reason whatsoever by giving the other notice of such termination. Termination makes you ineligible to participate in Maven Car Sharing. You will remain responsible for all fees, including Account balances, and any damages and penalties incurred as of the date of termination. You will only be able to obtain refunds for membership pursuant to your rights under applicable consumer protection legislation or pursuant to our discretion.
11.3. Notice. To terminate your membership, call us at 1-844-HIMAVEN (1-844-446-2836). We may provide notice to you via any address (including electronic address) that we have on file for you, or via in-Maven App messaging.
All legal notices to be given by you to Maven must be in writing and will be (a) personally served or (b) mailed registered or certified, return receipt requested, postage prepaid, or delivered by courier service with charges prepaid, addressed as set forth below. Notice will be deemed given on the date of service if personally served or, if mailed, on the third business day after mailing.
Maven Drive LLC c/o Executive Director
Warren Technical Center
29360 William Durant Blvd.
Warren, MI 48092
With a copy to:
Maven Drive LLC Legal
300 Renaissance Center
Detroit, MI 48265-3000
11.4. Survival. All fees and charges will continue to be due and payable after the end of the Trip or the expiration of this Agreement. Additionally, Sections 9, 10, 11.7, 11.9, 12, A3, and this Section 11.4 will survive the expiration or earlier termination of this Agreement.
11.5. Modification. As permitted by law, Maven may modify or supplement the terms and conditions of this Agreement at any time, and you hereby acknowledge and agree that the modifications and/or supplements shall be binding on you when posted on our website or otherwise made available to you. Your continued participation in Maven Car Sharing shall constitute your consent to the modifications or supplements. You agree that unless the modifications or supplements directly modify the arbitration provisions in this Agreement, any modifications or supplements shall not create an opportunity to opt out of the arbitration provisions contained in this Agreement.
11.6. Assignability. You may not assign or transfer the rights of this Agreement in whole or in part under any circumstances. Doing so without our consent will be void and of no force and effect. Maven reserves the right to assign this Agreement in our sole discretion.
11.7. Choice of Law. This Agreement will be governed by, interpreted under, and construed and enforced under the laws of the State of Michigan, without reference to its conflict of laws principles.
11.8. Waiver; Severability. If any one or more provisions contained in this Agreement, any modification of this Agreement, or any document executed in connection with this Agreement shall be invalid, illegal, or unenforceable under any law, (i) unless otherwise provided under law, the validity, legality, and enforceability of the Agreement's remaining provisions shall not be affected or impaired and shall remain in full force and effect; and (ii) the invalid, illegal, or unenforceable provision shall be replaced by us immediately with a term or provision that is valid, legal, and enforceable and that comes closest to expressing the intention of the invalid, illegal, or unenforceable term or provision.
Failure or delay by us to exercise any right or privilege under this Agreement shall not operate as a waiver nor shall any partial exercise of any right or privilege preclude any further exercise thereof.
11.9. Limited Third-Party Beneficiaries. Supplier is an intended third-party beneficiary of this Agreement solely for enforcing its rights under Sections 1, 9, and 10. Maven's affiliates that are controlled by or under common control with Maven are intended third-party beneficiaries of Sections 9, 10, 12 and A3. Except for the foregoing, this Agreement is intended to be solely for the benefit of you and Maven and is not intended to confer any benefits upon, or create any rights in favor of, any person or entity other than the foregoing.
11.10. Conflict of Terms. Any conflict between this Agreement and those of the OnStar terms and conditions will be resolved in favor of this Agreement.
12. DISPUTES; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER
12.1. Our customer service department is available to address any concerns you may have regarding Maven Car Sharing. You may call us at (844) 446-2836 or send us regular mail at the address listed at the end of this Agreement. Most matters are quickly resolved in this manner to our customer's satisfaction.
12.2. ANY MATTER WE ARE UNABLE TO RESOLVE AND ALL DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ITS FORMATION, ENFORCEABILITY, PERFORMANCE, OR BREACH (EACH, A "CLAIM"), WITH THE EXCEPTION OF THE MATTERS DESCRIBED IN SECTION 12.5 BELOW, SHALL BE FINALLY SETTLED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE "AAA") IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND, TO THE EXTENT NOT INCONSISTENT WITH THE EXPRESS TERMS OF THIS AGREEMENT, IN ACCORDANCE WITH THE PROVISIONS OF THE AAAÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢S COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CUSTOMER-RELATED DISPUTES, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER THE AAA NOR THE ARBITRATOR SHALL HAVE ANY JURISDICTION TO CONDUCT ARBITRATION ON ANY CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS, OR ANY BASIS OTHER THAN AS A PURELY INDIVIDUAL PROCEEDING. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE THE CLAIMS. THE ARBITRATOR SHALL HAVE JURISDICTION TO GRANT, AND SHALL BE EMPOWERED TO GRANT, WHATEVER INDIVIDUAL, NON-CLASS RELIEF OR REMEDY WOULD BE AVAILABLE ON AN INDIVIDUAL BASIS IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR'S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
12.3. ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK ANY RELIEF ON A CLASS BASIS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THE PRECEDING SENTENCE IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, AND THAT DETERMINATION IS NOT THEN SET ASIDE ON APPEAL OR UPON OTHER REVIEW BY A COURT PURSUANT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. Ãƒâ€šÃ‚Â§1 ET SEQ., THEN THE ARBITRATION PROVISION SET FORTH IN THIS SECTION 12.3 SHALL BE NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL THEN BE DEEMED TO HAVE NOT AGREED TO ARBITRATE THE CLAIMS THAT ARE THE SUBJECT OF THAT DETERMINATION.
12.4. THE RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1-800-778-7879. TO THE EXTENT THE INITIAL FILING FEE FOR THE ARBITRATION EXCEEDS THE INITIAL FILING FEE FOR A LAWSUIT, WE WILL PAY THE DIFFERENCE IN FEES.
12.5. SECTIONS 12.2 THROUGH 12.4 DO NOT APPLY TO ANY CLAIM (I) IN WHICH A PARTY IS ATTEMPTING TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS (SUCH AS ITS PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR MORAL RIGHTS, BUT NOT INCLUDING ITS PRIVACY OR PUBLICITY RIGHTS), OR (II) THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
Addendum A: Peer Program Addendum
A1. MAVEN PEER TERMS OF SERVICE
A1.1. In addition to Maven Car Sharing as described above, Maven provides an online car sharing service that enables eligible, General Motors vehicle owners and lessees ("Owners") to connect with eligible Members seeking to reserve qualifying vehicles ("Peer Vehicles") for hourly and daily usage ("Maven Peer Car Sharing"). In addition to the Terms above, the following Maven Peer Car Sharing Terms of Service ("Peer Terms") apply to Members renting Peer Vehicles as part of Maven Peer Car Sharing.
A2. BASIC TERMS AND RULES OF USE
A2.1. To reserve and drive a Peer Vehicle, you must meet and continue to meet the eligibility requirements provided in Section 2 of this Agreement.
A2.2. You are at least 24 years of age for Peer reservations;
A2.3 Prior to and following any Trip in a Peer Vehicle, you are required to complete a Trip report via the Maven App. These reports are intended to ensure you are protected in case any damage or cleanliness issue is reported on the Peer Vehicle.
A2.4. You are solely responsible for compliance with any laws, rules, and regulations that may apply to your use of Maven Peer Car Sharing. In addition to the requirements for using a Vehicle in Maven Car Sharing set forth in this Agreement, you will comply with the following "Peer Rules of Use" when using Maven Peer Car Sharing. Failure to comply with these Peer Rules of Use will result in the de-listing of the Vehicle, your suspension, or removal from Maven Car Sharing, within Maven's sole discretion.
A2.4.1. You will always use Maven Peer Car Sharing in compliance with the Terms of this Agreement, law, and any other policies and rules provided by Maven.
A2.4.2. You will not remove, modify, reverse engineer, or otherwise tamper with any hardware or collateral installed in the Vehicle or the Vehicle itself.
A2.4.3. You will not circumvent Maven Peer Car Sharing or use Maven Car Sharing to facilitate a transaction outside of Maven Peer Car Sharing.
A2.4.4. You will not use Maven Peer Car Sharing to threaten, harm, stalk, or otherwise harass any Owner, Maven Member, or employee.
A2.5. You agree to cooperate with and assist Maven in good faith, to provide Maven with information, and to take action as reasonably requested by Maven, regarding any investigation undertaken by Maven or a representative of Maven regarding the use or abuse of Maven Peer Car Sharing.
A2.6. If you feel that any Owner you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent, or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, immediately report that person to the appropriate authorities and then to Maven by contacting Member Support with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
A3. PEER Vehicle INSURANCE; INDEMNIFICATION; LIMITATION OF LIABILITY; PERSONAL PROPERTY
A3.1. Insurance. Insurance is provided on Peer Vehicles while you are operating the Peer Vehicle under Maven Peer Car Sharing in compliance with the terms of this Agreement. Where permitted by law, your automobile insurance, if applicable, is primary to Maven's insurance. Maven's automobile liability insurance for Peer Vehicles provides coverage of up to $1,000,000 for bodily injury and property damage. If this Agreement is violated or if other parties claim damages (such as for personal injury or property damage), then you may be liable to Maven or to those other parties beyond those limits. Violations of this Agreement may void the insurance coverage provided by Maven. You understand that we may not maintain an insurance policy covering all circumstances arising from your participation in Maven Peer Car Sharing or any event related to that participation, and you are aware that you should review your personal insurance coverage.
A3.2. Owner Indemnity. In addition to the indemnification provided in Section 10.6, you agree to defend, indemnify, and hold harmless Owner from all claims, liability, and expenses arising out of your non-compliant, negligent, or reckless use of the Peer Vehicle regardless of whether those claims arise from you or any third party excluding those arising out of Owner's gross negligence or willful misconduct and to the extent permitted by New Jersey law if you are renting in New Jersey.
A3.3. Limitation of Owner Liability. Unless prohibited by law, Owner is not liable to you for any indirect, incidental, special, punitive, or consequential damages including loss of opportunity or lost profits arising from this Agreement, your participation in Maven Peer Car Sharing, or using the Peer Vehicle. Owner is not liable to you for any loss, damage, cost, or liability suffered by or imposed upon you due to any breach of this Agreement by you. Owner has no liability with respect to any of your responsibilities under Section 5 of this Agreement. Without limiting or altering any insurance or indemnification obligations in this Agreement, you will cooperate with us and Owner in the defense of any claims or lawsuits against us or Owner related to your use or possession of a Peer Vehicle.
A3.4. Personal Property. Owner is not responsible for loss of or damage to your or any other occupant's personal property left in a Peer Vehicle.
A4. MAVEN PEER Vehicle PROGRAM FEES, BILLING, AND PAYMENTS
A4.1. The fees, charges, terms of sale, payment, and billing policies outlined in Section 6 above apply to the use of Peer Vehicles unless superseded by this Section A4. You agree to the additional fees, charges, terms of sale, payment, and billing policies applicable to your use of Peer Vehicles. Maven may add new services for additional fees and charges, or amend fees and charges for existing services, in our sole discretion, subject to relevant state law limitations.
A4.2. Peer reservation fee. A reservation fee of the rental cost of the Peer Vehicle plus applicable taxes will be charged for every Trip. If a Peer Vehicle becomes unavailable due to the Owner's schedule or other circumstances within Maven's discretion, we will refund the reservation fee and any applicable taxes and fees.
A4.3. Peer tow fee and incorrect returns. If you park, abandon, or leave a Peer Vehicle improperly requiring Maven to intervene on your or the Owner's behalf, you will be charged for the cost of towing the Peer Vehicle and any other costs associated with Maven's intervention. Improper return fees may be applied if the Peer Vehicle is returned at the incorrect parking space within a garage or lot, a parking card is lost or a garage ticket improperly pulled, lights are left on resulting in a dead battery, or any other instance where a Member returns a Peer Vehicle negligently or improperly.
A4.4. Late return fee. If you return a Peer Vehicle late, you will be charged the hourly rate for the Peer Vehicle for each hour the Peer Vehicle is late, plus a late return fee of $50.
A4.5. Peer unauthorized driver fee. If you allow an unauthorized driver to operate a Peer Vehicle during any reservation period, you will be charged an unauthorized driver fee of $500 at Maven's sole discretion plus any additional costs for repair resulting from the breach of this Agreement. Payment of the unauthorized driver fine does not imply Maven Membership or insurance coverage for the unauthorized driver.
A4.7. Peer fuel charge. You are responsible for refilling the fuel used during a reservation. If a Peer Vehicle is returned with less fuel than at the start of the reservation, you will be charged for the cost of the missing fuel plus an additional fuel fee of $30.00 may also be charged at Maven's sole discretion. If you have reserved a BOLT EV Vehicle and if you choose to use the charging cord to charge the Vehicle at home, it is recommended that a certified electrician inspect any outlet prior to using it to charge a BOLT EV. You are solely responsible for any damage to your household outlet.
A4.8 Peer mileage fee. You will be charged a mileage fee of $.42 per mile for all miles travelled over the Peer Vehicle mileage allotment of 180 miles per twenty-four (24) hour period.
A4.9. Peer key replacement. If you lose or damage a Peer Vehicle key or key fob during your reservation, you are responsible for the costs of replacing the lost or damaged key, including key replacement, servicing, programming, and all other associated costs up to $250 plus applicable taxes.
A4.10. Parking badge or card replacement. In the event a Peer Vehicle comes with or requires a badge, key, or other form of access to a parking facility, you will be charged the cost of replacing that badge or key in the event you lose it during your reservation.
A4.11. Other violations. Besides other rights and remedies we may have in this Agreement, we may charge you the actual cost to us, plus applicable taxes, for any violation of the Agreement if the violation results in a visit by us to the Vehicle to remedy the situation (including if due to towing, impoundment, necessity of cleaning or re-fueling, etc.)
A5. STATE CAR SHARING DISCLOSURES
A5.1. California Car Sharing Disclosures under Cal. Ins. Code Ãƒâ€šÃ‚Â§ 11580.24. You agree, by executing this agreement, that your rental of any vehicle through the Maven program will be used only for personal use. The owner of the vehicle must provide proof of insurance during any rental period with the vehicle. In accordance with California law, Maven will collect, maintain electronic records that identify the date, time, initial and final locations of the vehicle, and miles driven when the vehicle was being rented through the Maven Program.
In the event of loss or injury that occurs during the time period when the vehicle is under your operation and control, Maven assumes all liability of the owner of the vehicle. Maven will continue to be liable until the vehicle has been returned to the designated location at which the rental terminates, or the earlier of either the expiration of the rental period, the intent to terminate the rental period has been communicated to Maven by you, or until he owner has taken control of the vehicle.
A5.2. Maryland Car Sharing Disclosures under Maryland Insurance Code Ãƒâ€šÃ‚Â§ 19-520. As detailed elsewhere in this Agreement, Maven reserves the right to seek indemnification from you for economic loss sustained by Maven as a result of a breach of the terms and conditions of this Agreement by you. The motor vehicle liability insurance policy issued to you does not provide a defense or indemnification for any claim asserted by Maven as a result of a breach of the terms and conditions of this Agreement by you. The insurance coverage offered by Maven is only in effect during each individual car sharing period. For any use of the motor vehicle that exceeds the termination time, you should contact your insurance carrier or the insurance carrier of the owner of the motor vehicle about insurance coverage. Maven's motor vehicle liability insurance policy may be exclusive for the owner of the vehicle, and is primary for you, as the driver of the vehicle. The insurance coverage may be secondary for you, if the vehicle is used as a replacement vehicle, as defined in section 18.5-102(a)(2)(i) of the Maryland Transportation Article.
A6.1. Maven may, at its sole discretion, enable Members and Owners to (a) create, upload, post, send, receive and store content, such as text, photos, or other materials and information on or through Maven Car Sharing ("Owner and Member Content") and (b) access and view Owner and Member Content and any content that Maven itself provides on or through Maven Car Sharing, including proprietary Maven content and any content licensed or authorized for use by or through Maven from a third party ("Maven Content"). Owner and Member Content and Maven Content are collectively called "Collective Content."
A6.2 Maven Car Sharing and Maven Content, and Owner and Member Content may in their entirety or in part be protected by copyright, trademark, and other laws of the United States and other countries. You acknowledge and agree that Maven Car Sharing and Maven Content, including all associated intellectual property rights, are the exclusive property of Maven, its licensors, or authorizing third-parties. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or on any Maven Car Sharing and Maven Content or Owner and Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Maven used on or in Maven Car Sharing and Maven Content are trademarks or registered trademarks of Maven in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in Maven Car Sharing, Maven Content, and Collective Content are used for identification only and may be the property of their respective owners.
A6.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit Maven Car Sharing or Collective Content, except to the extent you are the legal owner of certain Owner and Member Content or as permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Maven or its licensors, except for the licenses and rights granted in these Terms.
A6.4 Subject to your compliance with these Terms, Maven grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (a) download and use the Owner Dashboard on your personal device(s) and (b) access and view any Collective Content provided on or through Maven Car Sharing and accessible to you, solely for your personal and non-commercial use.
A6.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Owner and Member Content on or through Maven Car Sharing, you grant to Maven a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable, and transferable license to such Owner and Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit such Owner and Member Content to provide or promote Maven Car Sharing, in any media or platform. Unless you provide specific consent, Maven claims no ownership rights in any Owner and Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Owner and Member Content.
A6.6 You are solely responsible for all Owner and Member Content you provide on or through Maven Car Sharing. You represent and warrant that: (a) you either are the sole and exclusive owner of all Owner and Member Content you provide on or through Maven Car Sharing or you have all rights, licenses, consents, and releases to grant to Maven the rights in such Owner and Member Content, as contemplated under these Terms; and (b) neither the Owner and Member Content nor your posting, uploading, publication, submission, or transmittal of the Owner and Member Content or Maven's use of the Owner and Member Content will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or violate any law or regulation.
A6.7 You will not post, upload, publish, submit, or transmit any Owner and Member Content that: (a) is fraudulent, false, misleading, or deceptive; (b) is defamatory, libelous, obscene, or offensive; (c) is violent, threatening, or promotes violence or may be threatening to another person; or (d) promotes illegal or harmful activities. Maven may, without prior notice, remove or disable access to any Owner and Member Content that Maven finds to violate these Terms or otherwise may be harmful or objectionable to Maven, its Members, third parties, or their respective property.
Addendum B: State Law Disclosures Applicable
to Your Membership
B1. Consumer Reports
B1.1 A consumer report is a type of background check in which information (which may include, but is not limited to, driver license validity verification and driving reports/background) about you is gathered and communicated by a consumer reporting agency ("CRA") to Maven Drive LLC, its subsidiaries, affiliates, other related entities, successors, and/or assigns (collectively or individually, as appropriate, the "Company").
The Company may obtain a consumer report on you to be to evaluate you as a new or continued driver on the Maven Drive LLC platform, including your application to be eligible to use the platform as a driver.
B2. STATE LAW DISCLOSURES
In addition to the Background Check Disclosures, below please find state disclosures/notices that may pertain to you. Please note: state disclosures that overlap with the disclosures set forth in the Background Check Disclosures section are not repeated in these separate State Law Disclosures.
B2.1 Minnesota applicants/drivers only: You have the right to request a complete and accurate disclosure of the nature and scope of any consumer report from consumer reporting agency American Driving Records (American Driving Records, Inc., Attn: Consumer Request, 2860 Gold Tailings Court, Rancho Cordova, CA 95670, (800) 766-6877, extension 7) (which provides report information relating to driving records/motor vehicle information) and/or consumer reporting agency Sterling Backcheck (Sterling Backcheck, Inc., Dispute Resolution Department, 6111 Oak Tree Boulevard, Independence, OH 44131; 888.889.5248; email@example.com) (which provides report information relating to all other types of background, including criminal records).
B2.2 New York applicants/drivers only: Upon request, you will be informed whether or not a consumer report was requested, and if a report was requested, informed of the name and address of the consumer reporting agency that furnished the report. Your written request should be made to Maven Drive LLC, Attn: Urban Active Executive Director, 29360 William Durant Blvd.; MC: 480-111-S1, Warren, MI 48092.
B2.3 CALIFORNIA STATE LAW DISCLOSURES (Non-Credit)
B2.3.1 In addition to the disclosures set forth in the separate Background Check Disclosures section, below please find California disclosures that may pertain to you.
B2.3.2 For California applicants/drivers only: Under California law, an "investigative consumer report" is a consumer report in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through any lawful means. In connection with your application or continued eligibility to be a driver on the Maven Drive LLC platform owned by Maven Drive LLC, its subsidiaries, affiliates, other related entities, successors, and/or assigns (collectively or individually, as appropriate, the "Company"), the Company intends to procure, as defined under California law, an investigative consumer report. With respect to any investigative consumer report from an investigative consumer reporting agency ("ICRA"), the Company may investigate the information contained in your application and other background information about you, including but not limited to obtaining a criminal record report, obtaining your driving record, obtaining information about your character, general reputation, personal characteristics and mode of living, verifying references, work history, your social security number, your educational achievements, licensure, certifications, and other information about you, including interviewing people who are knowledgeable about you. The results of this report may be used as a factor in making initial or continued decisions regarding your eligibility to be a driver on the Maven Drive LLC platform. The source of any investigative consumer report (as that term is defined under California law and as explained more fully above) and the ICRA will be American Driving Records (American Driving Records, Inc., Attn: Consumer Request, 2860 Gold Tailings Court, Rancho Cordova, CA 95670, (800) 766-6877, extension 7) (which provides report information relating to driving records/motor vehicle information) and/or Sterling Backcheck (Sterling Backcheck, Inc., Dispute Resolution Department, 6111 Oak Tree Boulevard, Independence, OH 44131; 888.889.5248; firstname.lastname@example.org) (which provides report information relating to all other types of background, including criminal records). Information regarding American Driving Records' privacy practices can be found at http://www.adr-inc.com/compliance/, and information regarding Sterling's privacy practices can be found at http://www.sterlingbackcheck.com/About/Privacy.aspx. The Company will provide you with a copy of an investigative consumer report when required to do so under California law.
Under California Civil Code Ãƒâ€šÃ‚Â§ 1786.22, you are entitled to a visual inspection of files maintained on you by an ICRA, as follows: (1) In person, if you appear in person and furnish proper identification, during normal business hours and on reasonable notice. A copy of your file shall also be available to you for a fee not to exceed the actual costs of duplication services provided; (2) By certified mail, if you make a written request, with proper identification, for copies to be sent to a specified addressee. An ICRA complying with requests for certified mailings under the California Code shall not be liable for disclosures to third parties caused by mishandling of mail after such mailings leave the ICRA; or (3) A summary of all information contained in your files and required to be provided by the California Code shall be provided to you by telephone, if you have made a written request, with proper identification for telephone disclosure, and the toll charges, if any, for the telephone call are prepaid by you or charged directly to you.
"Proper identification" means information generally deemed sufficient to identify you, which includes documents such as a valid driver's license, social security account number, military identification card, and credit cards. If you cannot be identified with that information, the ICRA may require additional information concerning your employment and personal or family history to verify your identity.
The ICRA will provide trained personnel to explain any information furnished to you and will provide a written explanation of any coded information contained in files maintained on you. This written explanation will be provided whenever a file is provided to you for visual inspection.
You may be accompanied by one other person of your choosing, who must furnish reasonable identification. An ICRA may require you to furnish a written statement granting permission to the ICRA to discuss your file in such person's presence.
B2.4 California, Minnesota, or Oklahoma only: If you would like to receive from (as applicable) the CRA, the ICRA, or the Company, a copy of the background check report that the Company may procure, please write to:
Maven Drive LLC, Attention Urban Active Customer Service, Warren Technical Center,
29360 William Durant Blvd.MC: 480-111-S1
Warren, MI 48092
B2.5 PROPOSITION 65 STATEMENT FOR CALIFORNIA
WARNING. Operating, servicing and maintaining a passenger vehicle or offÃƒÂ¢Ã¢â€šÂ¬Ã¢â‚¬Ëœhighway motor vehicle can expose you to chemicals including engine exhaust, carbon monoxide, phthalates, and leader, which are known to the State of California to cause cancer and birth defects or other reproductive harm. To minimize exposure, avoid breathing exhaust, do not idle the engine except as necessary, service the vehicle in a well-ventilated area and wear gloves or wash your hands frequently when servicing the vehicle. For more information go to: www.P65Warnings.ca.gov/passenger-vehicle.
B2.6 For Rentals Commencing in New York:
We may not void optional vehicle protection except for the following reasons: (a) the damage or loss is caused intentionally or as a result of willful, wanton, or reckless conduct of the driver; (b) the damage or loss arises out of the driverÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s operation of the vehicle while intoxicated or unlawfully impaired by the use of alcohol or drugs; (c) the rental vehicle company entered into the rental transaction based on fraudulent or materially false information supplied by the renter or authorized driver; (d) the damage or loss arises out of the use of the vehicle while engaged in the commission of a crime other than a traffic infraction; or (e) the damage or loss arises out of the use of the vehicle by a person other than the authorized driver, the renterÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s child over the age of eighteen or a parent or parent-in-law of the renter, provided that individual is properly licensed to operate the vehicle and resides in the same household as the renter, or a parking valet or parking garage attendant for compensation in the normal course of his or her employment.
NOTICE: This contract offers, for an additional charge, optional vehicle protection to cover your financial responsibility for damage or loss to the rental vehicle. The purchase of optional vehicle protection is optional and may be declined. You are advised to carefully consider whether to purchase this protection if you have rental vehicle collision coverage provided by your credit card or automobile insurance policy. Before deciding whether to purchase optional vehicle protection, you may wish to determine whether your credit card or your vehicle insurance affords you coverage for damage to the rental vehicle and the amount of deductible under that coverage.
NOTICE: New York State Law prohibits the following practices by rental vehicle companies based upon race, color, ethnic origin, religion, disability, sex, marital status, or age: (1) refusal to rent; (2) the imposition of any additional charge (except in certain instances where the renter is under the age of 25). In addition, it is unlawful for any rental vehicle company to refuse to rent a vehicle to any person solely on the requirement of ownership of a credit card.
B.2.7 For Rentals Commencing in Illinois:
NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL RATE, INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN ESTIMATED TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN DATE NOTED ON THIS AGREEMENT.