Maven Gig Commercial Lease Agreement
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By participating in the Maven Gig Program, 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 THE MAVEN GIG PROGRAM, 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 14 BELOW.
Maven Member Experience is a team of dedicated OnStar 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 the Maven Gig Program generally, please contact Member Experience.
Safety. While using Maven Gig, 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 Gig 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 Gig. Failure to meet these requirements or in any way operate vehicles safely may result in account deactivation.
For EMERGENCY situations, call 911 or press the red OnStar button in the Vehicle for assistance. For roadside assistance services, press the blue OnStar button in the Vehicle to request OnStar Services or to speak with an OnStar advisor.
Last Revised: April 16, 2020
Welcome and thank you for your interest in Maven Gig!
Maven Drive LLC ("Maven", "we" or "us"), provides a car sharing service called Maven Gig that allows eligible and approved Maven users (referred to throughout this Agreement as "Lessee" or "you") to reserve and lease Maven vehicles "Vehicles") for your lawful and legitimate commercial use of the Vehicles, such as participation in rideshare or delivery programs ("Commercial Platforms"). Your use of these Commercial Platforms is referred to through this Agreement as "Commercial Use." 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 associated services (collectively, "Maven Services"). The Maven App and Maven Services together are collectively called the "Maven Gig Program."
Our Privacy Statement outlines how we use and safeguard your information. You understand that by participating in the Maven Gig Program, 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.
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 the Maven Gig Program. You may cancel your participation in the Maven Gig Program at any time by providing notice to Member Experience or as otherwise provided in this Agreement.
1. RELATIONSHIP OF PARTIES
1.1. You understand and agree that:
1.2. The obligations under this Agreement are individual to you and are not assignable or transferable, except where explicitly stated in this Agreement;
1.3. You are the only person authorized to operate a Vehicle that you reserve and lease under this Agreement, except where other persons are authorized by law, such as any person who operates the Vehicle during an emergency situation to drive to a medical facility. Besides other rights and remedies that we may have in this Agreement, if you allow someone who is not an authorized driver to use a Vehicle leased by you, you may be removed from the Maven Gig Program;
1.4. The Maven Gig Program is limited to making Vehicles available to you, subject to the terms of this Agreement. Maven does not operate or manage the terms under which you provide transportation or delivery services for a Commercial Platform. Participation in the Maven Gig Program is not a future guarantee of your ongoing status as an approved driver for any Commercial Platform;
1.5. You are not operating any Vehicle that you reserve and lease under this Agreement or the Maven Gig Program under the supervision, direction, or control of Maven or any of its affiliated companies; and
1.6. You are not, and will not seek to be treated as an employee of or independent contractor of Maven or any Maven affiliate. You further agree that you have no expectation of and are not entitled to compensation, wages, or benefits from Maven or any Maven affiliate.
2. ELIGIBILITY requirements
2.1. Please note that your participation in the Maven Gig Program is subject to our approval in our sole discretion and your participation may be denied or terminated based on changes to eligibility criteria, updated from time to time. You must meet and continue to meet during your participation in the Maven Gig Program the following eligibility requirements, which you represent and warrant that you meet at this time:
2.2. You are at least 21 years of age;
2.3. You are and will remain in compliance with all applicable laws, regulations, and local ordinances related to operating vehicles and related to your participation in the Maven Gig Program, operating Vehicles, or your Commercial Use of the Vehicles;
2.4. More than 51% of the miles driven over the Lease Term (defined in Section 5 of this Agreement) will be for Commercial Use;
2.5. You will only drive the Vehicle for Commercial Use in the market where you picked up the Vehicle;
2.6. You do not have a current outstanding balance with Maven;
2.7. You possess a valid United States driver's license issued by the jurisdiction in which you reside that is not modified, suspended, revoked, or restricted (except for corrective lens) and will present it to Maven upon reasonable request. The driver's license must be valid for the entire Lease Term. 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 the mobile device enrolled for Maven Services.
2.8. You have not been involved in:
2.9. You have not been convicted in the last 5 years of any of the following violations:
2.10. You consent to and authorize Maven and Maven's affiliates, to the extent permitted by applicable law, to perform or have performed a background check of you and your driving history and/or driving record to verify eligibility to participate in the Maven Gig Program prior to and from time to time during your participation. You have reviewed and understand the information, statements, and notices in the Background Check Disclosures, the State Law Disclosures and the California State Law Disclosures, described in more detail at the end of this Agreement, and this background check authorization.
2.11. You will immediately notify Member Experience if your driver's license expires or is in any way modified, suspended, restricted, or revoked, or if you no longer meet an eligibility requirement.
2.12. You understand and agree that, in the event 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 (full name, date of birth, address) to the respective prosecution authorities.
2.13. You are otherwise eligible under and will comply with all applicable laws and regulations, including any export controls, economic sanctions, or other related laws and regulations, in relation to your participation in the Maven Gig Program.
2.14. We reserve the right to suspend or remove you from the Maven Gig Program in our sole discretion, including but not limited to our discovery of your non-compliance with the foregoing eligibility requirements.
2.15. You may not register more than one (1) Maven account ("Account") unless we authorize you to do so. You may not assign or otherwise transfer your Account to another party.
3. Your RESPONSIBILITIES
3.1. You agree that you are solely responsible for:
3.2. Complying with all applicable laws, regulations, local ordinances, and this Agreement, including the Rules of Use set forth in Section 16 below (the "Rules of Use");
3.3. Any loss of, or damage to, goods and personal belongings in or on the Vehicle whether owned by you or third parties;
3.4. Any traffic, moving or parking violation citations, fines, or other penalties incurred by your use of the Vehicle and providing evidence of payment to Maven when a paper ticket is issued to you. Without limiting or altering any insurance or indemnification obligations in this Agreement, you will cooperate with us in the defense of any claims or lawsuits against us related to your use or possession of the Vehicle;
3.5. All fines, forfeitures, and penalties incurred by your use of the Vehicle;
3.6. In EMERGENCY situations, calling 911 or pressing the red OnStar button in the Vehicle for assistance;
3.7. 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 involved in any such event needs service or repair, you are required to report it to Maven as well as file a police or security report within 24 hours of the incident in order to prevent being charged for continued lease fees after the event;
3.8. Following the incident/accident procedures contained in the glove box of the Vehicle, and cooperating with Maven's claims administrators in the investigation of any incident/accident;
3.9. Promptly bringing the Vehicle to an approved service location (specific local GM dealers, or other service location as designated by Maven) when notified that a Vehicle needs service or repair (a "Service Event");
3.10. Immediately notifying Maven of a Service Event that requires more than 24 hours to be serviced;
3.11. Keeping your personal information, including email address, driver's license, and payment information up-to-date within your profile on the Maven App; and
3.12. Maintaining the confidentiality and security of your Account credentials and not disclosing 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.
3.13. You further agree that Maven may verify any update to your personal information to determine whether you continue to be eligible for the Maven Gig Program. Maven 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 Maven with up-to-date personal information.
4. ONSTAR SERVICES AND THE COLLECTION, USE AND SHARING OF INFORMATION
4.1. To provide the Maven Gig Program 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.
4.2. We will collect your name, address, telephone number, email address, driver's license number, date of both, 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 the Maven Gig Program. 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.
4.3. 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 the Maven Gig Program.
4.4. 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.
4.5. To the extent permitted by law, the Vehicle may be 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.
4.6. We will also collect information from the device through which you access the Maven App, such as device location, to provide Maven Services to you and to enable certain OnStar services, such as remote door lock/unlock.
4.7. The Maven App is used to manage Vehicle reservations in the Maven Gig Program. Your use of the Maven App is subject to this Agreement, the End User License Agreement, the Privacy Statement for the App, and the OnStar Terms and Conditions and Privacy Statement.
5.1. You must make a reservation in advance for an available Vehicle utilizing the Maven App. You will receive a confirmation of when and where the Vehicle will be ready for pick-up. The Vehicle will automatically be reserved for your use for an initial lease term "Initial Term") of thirty-five (35) days. Maven may make the lease term renewable in its sole discretion. If Maven decides to make the Initial Term renewable, and you wish to renew, you will be asked to agree to the renewal after receiving notification sent to you (collectively the Initial Term and any renewal term are referred to as the "Lease Term").
5.2. You may cancel or modify your reservation at no charge up to 12 hours prior to the time that the Initial Term is scheduled to begin. You will pay Maven the daily lease cost of the Vehicle for any reservation cancelled or modified less than 12 hours prior to the time the Initial Term is scheduled to begin.
5.3. You will have the option to return the Vehicle after the first week with at least 24 hours prior notice ("Early Return"). In the event of an Early Return, the applicable fees will be prorated to reflect less than a full Initial Term usage. You will be provided with at least two (2) weeks' notification prior to any price changes. You will be allowed an Early Return if you do not wish to continue the Lease Term at the changed rate.
5.4. Maven will put a pre-authorization hold of $400 plus applicable taxes on the credit card or other payment method that you have on file with Maven prior to your Lease Term.
6.1. 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. Maven does not accept cryptocurrency or 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. The following fee table lists some of the additional fees that may apply to your participation in the Maven Gig Program in addition to lease fees (together, the "Fees"). You are responsible for any additional taxes that apply associated with the Fees. Further details of the Fees are provided below the table.
|Application fee||$20 non-refundable||One time per application|
|Cleaning required beyond normal wear and tear (determined in Maven's sole discretion and applying a common-sense standard)||Up to $150||Per instance|
Per day, starting the day after the Vehicle is due for return or service
|Physical damage to vehicle (Lessee's Damage Responsibility)||Up to cost to repair||Per Service Event|
|Unauthorized driver fee||$500 and removal from teh Maven Gig Program||Per instance|
|Evidence of smoking (scent, physical remnants determined in Maven's sole discretion and applying a common-sense standard)||$150||Per instance|
Unfilled gas tank
Low battery charge for BOLT EV
Low oil life
|Vehicle items replacement cost (if items are damaged or missing upon return)||
Based on value of item:
|Ticket / violation processing fee||$30||Per violation|
|Toll processing fee||Up to $5.00||Per instance|
|Vehicle returned to wrong location||The actual cost to Maven to retrieve the Vehicle and return it to the proper location||Per instance|
|Camera and Other Equipment Damage fee||$495||Per instance|
6.2. Fees include:
6.3. Application fee: You agree to pay a non-refundable $20 processing fee per application to the Maven Gig Program.
6.4. Lease fees. You agree to pay lease fees per the then current usage rate listed in association with the Vehicle chosen when making the reservation plus applicable taxes that are incurred in connection with the lease of such Vehicle. Lease fees are subject to change during the Lease Term. You will be notified two (2) weeks prior to any change in the lease fee and may opt for an Early Return if you do not agree to the change in lease fee. You will be charged lease fees weekly during the Lease Term. You may be due a partial refund, as provided in this Agreement, for Early Return (as described in the preceding Section).
6.5. Regulatory fees. You are responsible for any additional fees that apply, under applicable laws, regulations, or ordinances related to your participation in the Maven Gig Program.
6.6. Taxes and surcharges. You are responsible for all applicable taxes for the lease of Vehicles under this Agreement, such as any turnover, sales, use, excise, or consumption taxes that apply.
6.7. Late fees. If you do not return a Vehicle by the end of the Lease Term as described in this Agreement, then you will pay Maven a late fee as listed in the above table for each day that the Vehicle is late.
6.8. Tolls. You will be responsible for any tolls and toll evasion fees, fines, and similar fees (collectively, "Tolls") incurred while using the Vehicle, even if the Vehicle is equipped with a Toll permit. If a Vehicle has a Toll permit, you will be charged for Toll charges incurred in using the Toll permit. These charges may be imposed well after the end of the Lease Term due to delays in billing from the provider of the Toll permit. Tolls incurred may also be subject to a $5.00 processing fee per instance.
6.9. Unfilled fuel tank fees. You must fill the fuel tank before returning a Vehicle. If a Vehicle is returned with less fuel than at time of pick up, you will pay Maven an amount equal to the cost incurred by Maven to fill the fuel tank plus a service fee listed above.
6.10. Reservation charges. You may cancel or modify your reservation at no charge up to 12 hours prior to the time that the Initial Term is scheduled to begin. You will pay Maven the fee as listed in the pricing provided in the Maven App for any reservation cancelled or modified less than 12 hours prior to the time the Initial Term is scheduled to begin.
6.11. Tickets/violations fee. You are responsible for timely responding to and paying the amount of any charges for parking tickets or moving violations incurred for the Vehicle during the Lease Term. If Maven processes and pays such charges, you will be responsible for fully reimbursing Maven for such paid charges, and may be responsible for paying Maven an additional processing fee. 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, and/or regulations allegedly committed with a Vehicle leased 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.
6.12. Cleaning fee. You will return the Vehicle to Maven with the exterior washed, the interior vacuumed, and otherwise in a clean condition that is reasonably suitable for others to use. If you fail to do so and Maven determines in its discretion that further cleaning is necessary (applying a common-sense standard, for example, carpet or upholstery stains, offensive odors, residue from smoking, or pet hairs), you will pay Maven a cleaning fee as listed above.
6.13. Unauthorized driver fee. In addition to Maven's other rights and remedies in this Agreement for use of a Vehicle by an unauthorized driver, you agree to pay Maven a fee as specified above plus applicable taxes if you allow an unauthorized person to drive a Vehicle.
6.14. Wrong location return fee. In addition to Maven's other rights and remedies in this Agreement, Maven may charge you a wrong location return fee as listed above in the event that you return the Vehicle to the wrong location.
6.15. Towing fee. You will be responsible for all towing costs associated with Vehicle tows due to the Vehicle being out of gas, battery charge (for BOLT EVs), or any other reason resulting in towing of the Vehicle.
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. In addition to Maven's other rights and remedies in this Agreement, you agree that Maven may, in its sole discretion, charge you a fee for the actual cost to Maven for each violation of any term of this Agreement each time a violation results in a visit by Maven (or its designate service provider) to the Vehicle to remedy the situation (for example due to towing, impoundment, or other required interventions).
6.18. Payment. You will immediately pay Maven the above fees. Maven will collect the fees directly from you and you authorize Maven to charge the amount of the fees to the payment method you have authorized or through mechanisms Maven makes available to you from time to time. The charges shall be paid at least weekly during the Lease Term. Certain fees may be charged at or after the end of the Lease Term, such as fees for Vehicle loss or damage as may be identified during final inspection, or for unpaid tickets or tolls that are identified after the Lease Term, as provided in this Agreement. You must keep a valid payment method on file with Maven to pay the above fees. You will receive a summary in your weekly statement from Maven with the breakdown of fees during, and as applicable after, the Lease Term. Weekly lease fees will be assessed on a pro-rata basis.
6.19. Cancellation & Refund Policy. If you cancel a reservation at least 12 hours prior to the start of the Initial Term, you will be refunded the amount you paid at the time you made the reservation (except for any deposits described as "non-refundable").
6.20. If you are delinquent in payment or otherwise breach this Agreement, Maven may suspend or terminate your participation in the Maven Gig Program. Maven reserves the right to assign you to a third-party collection agency if you are delinquent in paying an outstanding balance.
7. ACCESS TO AND RETURN OF VEHICLES
7.1. Maven reserves the right to provide you a Vehicle or not within our sole discretion.
7.2. You will pick up a reserved Vehicle at the date, time, and location as specified in the reservation confirmation email or in the Maven App.
7.3. At the end of the Lease Term, you agree to return the Vehicle to the Maven location as designated in the Maven App after you make an appointment to return the Vehicle via the Maven App. The Lease Term ends when you return the Vehicle to the specified Maven location in compliance with this Agreement. For example, returning a Vehicle to the wrong location does not end the Lease Term. You agree to return the Vehicle at the end of the Lease Term in the same condition that you received it, excepting normal wear and tear, on the due date and at the time and location specified at the time of the lease.
7.4. At any time prior to the end of the Lease Term, Maven may choose to terminate the Lease Term early, in which case you agree to promptly return the Vehicle to the specified Maven location in compliance with this Agreement, and Maven will refund you any rental fees you had been charged for the remainder of the Lease Term.
7.5. Failure to return the vehicle at the end of a Lease Term constitutes a breach of this Agreement and may result in termination of your right to participate in the Maven Gig Program, recovery of the Vehicle, late fees, and any other rights and remedies as provided in this Agreement and under applicable law.
8. RECOVERY OF VEHICLE
8.1. Maven reserves the right to recover the Vehicle from you any time that the Vehicle is found to be illegally parked, used to violate the law or this Agreement, or appears to be abandoned, in Maven's sole discretion.
8.2. Maven may also recover the Vehicle if Maven discovers that you made a misrepresentation to obtain the Vehicle, have not serviced the Vehicle when notified of a requirement to do so, or have not paid requisite fees and penalties in a timely manner. Any of these circumstances will result in an immediate end to the Lease Term. You agree that Maven does not need to notify you in advance of recovery. If the Vehicle must be recovered, you agree to pay the actual and reasonable costs incurred by Maven to recover the Vehicle and agree that such costs will be charged to your payment method on file.
9. ACCIDENTS, DAMAGE TO OR LOSS OF VEHICLE, COLLISION / LOSS DAMAGE WAIVER
9.1. You must follow the incident procedures outlined in Section 3 of this Agreement.
9.2. If any damage or loss (such as theft or vandalism) occurs to a Vehicle while in your possession, then you will be responsible for paying for the loss or repairs ("Damage Responsibility Fee") unless limited by Optional Vehicle Protection, described below. You are not responsible for normal Vehicle wear and tear. Before each reservation, you must examine the Vehicle inside and out and report any damage utilizing the provided Vehicle condition report to document any pre-existing damage with photographs. You agree that in the event of a crash, theft, or other liability incident during the Lease Term, you will immediately report the incident, as outlined in Section 3 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 the Lease Term if you immediately notify Maven of the theft as described in Section 3 above.
9.3. Maven may recover Damage Responsibility Fee by charging the payment method that you have in place with Maven or through other collection methods available to Maven, 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. Optional Vehicle Protection. For an additional, daily charge, Maven offers eligible Members the option to purchase an optional vehicle protection package, called a "Damage Waiver" to reduce or eliminate your Damage Responsibility Fee for damages to your Vehicle. Before purchasing a Damage Waiver, we recommend determining whether you already have rental vehicle collision coverage through your credit card or personal automobile insurance policy that would apply to and cover the Damage Responsibility Fee. Maven's Damage Waiver is not insurance and you have no obligation to purchase a Damage Waiver to reserve a Vehicle. The cost of the Damage Waiver will vary based upon, among other things, the term and type of Damage Waiver purchased, the Damage Responsibility Fee reduction amount, your location, driving experience and similar factors. For full details, please see Maven Damage Waiver Terms and Disclosures.
10.1. Various Commercial Platforms provide automobile liability insurance or auto physical damage insurance for your Vehicle use while driving on their Commercial Platform. Such insurance shall be primary and noncontributory to any insurance maintained by Maven except where otherwise contemplated by statute. Maven provides Vehicle insurance for your permitted personal use of the Vehicle to the extent that use is incidental to the Commercial Use (the "Permitted Incidental Use"). Your automobile insurance, if applicable, is primary to Maven's insurance. Other than the Commercial Use and the Permitted Incidental Use, no other use of the Vehicle is permitted. Maven Gig Program automobile liability insurance provides coverage up to 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.
10.2. You understand that we may not maintain an insurance policy covering all circumstances arising from your participation in the Maven Gig Program or any event related to that participation, and you are aware that you should review your personal insurance coverage.
11.1. You agree and acknowledge that you may be responsible for the full amount of any liability arising from your use of the Vehicle during the Lease Term. You agree to defend, indemnify, and hold Maven, its affiliates and respective directors, officers, shareholders, employees and agents, harmless from all claims, liability and expenses (including damage to Vehicle) arising out of your non-compliant or reckless use of the Vehicle regardless of whether those claims arise from you or any third party. We may recover damages suffered by us that you owe under this Agreement by charging the payment method you provided.
12. LIMITATION OF LIABILITY
12.1. You acknowledge and agree that:
12.2. Maven 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 the Maven Gig Program, or your use of the Vehicle;
12.3. Maven 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;
12.4. Maven has no liability with respect to any of your responsibilities under Section 3 of this Agreement;
12.5. Maven has no liability with respect to your receipt or non-receipt of payment or compensation for services you render on any Commercial Platform or your Commercial Use of a Vehicle;
12.6. If you lease a BOLT EV and choose to use the charging cord to charge the Vehicle at home, you are solely responsible for any damage to your household outlets. Maven recommends that a certified electrician inspect any outlet prior to using it to charge a BOLT EV. You are not permitted to share the Vehicle's charging card under any circumstances;
12.7. Without limiting or altering any insurance or indemnification obligations contained in this Agreement, you will fully cooperate with Maven in the defense of any claims or lawsuits related to your use or possession of a Vehicle; and
12.8. Maven is not responsible for the loss of or damage to your or any other Vehicle occupant's personal property left in the Vehicles.
13. TERM OF AGREEMENT AND TERMINATION
13.1. Term of Agreement. 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 the Maven Gig Program 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.
13.2. Termination. Maven reserves the right to immediately terminate this Agreement at any time in the event of any breach of this Agreement by you, including but not limited to, failure to timely return the Vehicle, non-payment of the charges due under this Agreement, abandoning the Vehicle, failure to meet your responsibilities under Section 3, failure to follow the Rules of Use under Section 16, or upon the occurrence of any loss or damage to a Vehicle by providing notice to you via email. 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. You will remain responsible for all fees, including account balances, and any damages and penalties incurred as of the date of termination, and shall return the Vehicle immediately upon receipt of the notice.
14. DISPUTES; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER
14.1. Our customer service department is available to address any concerns you may have regarding the Maven Gig Program. 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.
14.2. ANY MATTER WE ARE UNABLE TO RESOLVE AND ALL DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ITS FORMATION, ENFORCEABILITY, MEANING, INTERPRETATION, SCOPE, PERFORMANCE, OR BREACH (EACH, A "CLAIM"), WITH THE EXCEPTION OF THE MATTERS DESCRIBED IN SECTION 14.5 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 AAA'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 ON ANY BASIS OTHER THAN AN 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.
14.3. 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. Ã‚Â§1 ET SEQ., THEN THE ARBITRATION PROVISION SET FORTH IN THIS SECTION 14 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.
14.4. 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.
14.5. SECTIONS 14.2 THROUGH 14.4 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.
15.1. Assignability. You may not assign or transfer the rights of this Agreement in whole or in part under any circumstances. Doing so without the written consent of Maven will be void and of no force or effect. Maven reserves the right to assign this Agreement.
15.2. No employment relationship. Nothing in this Agreement or the Maven Gig Program establishes an employment relationship between you and Maven or any Maven affiliate. Nothing in this Agreement, the Maven Gig Program, or Maven's relationship with any Commercial Platform will be construed to make either you, Maven or Maven affiliates, partners, joint ventures, principals, agents, or employees of the other. Neither party has any right, power or authority, express or implied, to represent or bind the other.
15.3. Choice of Law. This Agreement will be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of Michigan without reference to its conflict of laws principles.
15.4. Waiver; Severability. If any one or more of the 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 applicable law, (i) unless otherwise provided under applicable law, the validity, legality, and enforceability of the remaining provisions contained in this Agreement 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.
15.5. 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's address for notice purposes is:
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
15.6. Limited Third-Party Beneficiaries. Maven's affiliates that are controlled by or under common control with Maven are intended third-party beneficiaries of Sections 10, 11, 12, and 14. 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.
15.7. Conflict of Terms. Any conflict between the terms and conditions of this Agreement and those of the OnStar terms and conditions will be resolved in favor of this Agreement
15.8. Survival. All fees and charges will continue to be due and payable after the end of the Lease Term or the expiration of this Agreement. Additionally, Sections 10, 11, 12, 14, and this Section 15.8 will survive the expiration or earlier termination of this Agreement.
15.9. Modification. 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 the Maven Gig Program 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.
16. RULES OF USE
16.1. Failure to observe the following Rules of Use may result in account deactivation.
16.2. BEHAVIOR. You will not engage in any violent, harmful, abusive or disruptive behavior toward anyone while participating in the Maven Gig Program.
16.3. PERMITTED USE ONLY. Vehicles are only to be used for Commercial Use on a Commercial Platform or Permitted Incidental Use (as described in Section 10 of this Agreement).
16.4. NO UNAUTHORIZED DRIVERS. You agree that only you are authorized to use the Vehicle and you may not allow any other person to operate the Vehicle except where other persons are authorized by law, such as any person who operates the vehicle during an emergency situation to drive to a medical facility. In addition to other rights of recourse Maven may have, such as being removed from the Maven Gig Program, and to the extent permitted by law, you agree to pay to us $500, plus applicable taxes per violation of this rule.
16.5. PICK UP AND RETURN LOCATION. You agree to pick up your Vehicle at the location identified on the appointment confirmation email. Vehicles must be returned to the location designated on the Maven App.
16.6. PARKING. During the Lease Term, you may park in any legal parking space. You are responsible for all parking fees and fines or 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.
16.7. CLEANING. You are kindly asked to remove all trash and return the Vehicle in a clean condition.
16.8. TOWING. You are prohibited from towing or pushing anything with the Vehicle or overloading the Vehicle.
16.9. USE AREA. Vehicles may only be driven for Commercial Use in the market where you picked up the Vehicle. In no event may Vehicles be driven or otherwise taken outside of the United States.
16.10. NO SMOKING. Smoking is not allowed in the Vehicle.
16.11. 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 Vehicles at any time without a carrier. Animals are otherwise not permitted in the Vehicle.
16.12. NO SERVICING VEHICLE. Do not service a Vehicle yourself, and do not service a Vehicle using a service provider other than the service providers authorized by Maven in connection with a Service Event. Please consult Member Experience in the event a Vehicle requires or may require service.
16.13. NO OPERATION WHILE IMPAIRED. You agree to never drive a Vehicle while impaired by medication, illness, fatigue, or injury.
16.14. NO ALCOHOL OR ILLEGAL DRUGS. You agree not to use any illegal drugs or alcohol prior to or while driving a Vehicle. Operation of a Vehicle after drinking alcohol or using illegal drugs, including but not limited to situations in which you are under the influence of or impaired by alcohol or illegal drugs will result in immediate termination of your participation in the Maven Gig Program.
16.15. 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.
16.16. OBEY ALL TRAFFIC LAWS. You will obey all applicable motor vehicle laws, speed limits, codes, and regulations, including all local ordinances and/or state laws addressing distracted driver restrictions and driving in adverse weather conditions. You will drive in a defensive manner, anticipating situations where incidents are likely to occur.
16.17. 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/laser detection devices is prohibited.
16.18. SAFE DRIVING. You agree not to operate the Vehicle in a test, race, contest, or off-road.
16.19. NO TRANSPORT OF DANGEROUS ITEMS. You agree not to use the Vehicle to transfer hazardous, toxic, flammable, poisonous, or otherwise dangerous goods.
16.20. SECURING VEHICLE. You agree 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.
16.21. NO MODIFICATION TO THE VEHICLE. You may not modify, disconnect, or otherwise interfere with the operation of Vehicles, including the odometer, emissions control equipment, cameras, or any other equipment installed on or in the Vehicle.
16.22. NO IMPROPER USE OF VEHICLE. You may not use any 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.
16.23. FIREARM POLICY. Maven prohibits you and your 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 suspension.
16.24. CAMERAS. 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.
Background Check Disclosures
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 used 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.
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.
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; firstname.lastname@example.org) (which provides report information relating to all other types of background, including criminal records).
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.
CALIFORNIA STATE LAW DISCLOSURES (Non-Credit)
In addition to the disclosures set forth in the separate Background Check Disclosures section, below please find California disclosures that may pertain to you.
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; email@example.com) (which provides report information relating to all other types of background, including criminal records). Information regarding American Driving Record's 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 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 may 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.
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