This Membership Agreement (the “Agreement”) entered into between Maven Drive LLC ("Maven" or “we” or “us’) and the individual clicking to accept this Agreement (“you”), is effective on the date of your acceptance, and provides the terms of your participation in the Maven car-sharing service (the “Program”). By clicking to accept this Agreement, you agree to be bound by its terms. The following is an outline summarizing the terms of this Agreement with detailed terms of this Agreement following the outline:
· You will use the Vehicle (as defined below) in a safe manner in compliance with all laws, and in compliance with the Rules of Use and this Agreement;
· You will maintain a valid driver’s license at all times while participating in the Program;
· You will not permit non-members to use the Vehicle that is rented by you and you will be financially responsible if other members use the Vehicle that is reserved by you;
· You consent to a background check in order to verify your eligibility to participate in the Program prior to and from time to time during your participation;
· You will not drive the Vehicle outside the United States;
· We will charge Fees (described in the Agreement) and any other amounts you owe under the Program to the payment method you provide;
· You can review the estimated reservation costs before confirming your reservation;
· You must cancel any reservation at least 24 hours prior to the start of a Trip to avoid charges;
· To the extent permitted by applicable law, the Vehicle maintains an active wireless connection to our systems. You consent to this connection, and to our collection, use, and sharing of data describing the Vehicle and how you are operating the Vehicle, including data describing vehicle location, and heading, as described in our Privacy Statement; You consent to our access of the Vehicle software and data in order to issue updates to the software and data;
· OnStar Services (as defined below) are active in the Vehicle, and are governed by the OnStar User Terms and Privacy Statement;
· You are responsible for any loss of or damage to the Vehicle during your reservation that are caused by you or your passengers up to a deductible of $750 or up to full cost of damages or loss if you have driven recklessly or have not followed the Rules of Use or complied with this Agreement;
· You will defend, indemnify and hold us and Supplier, (as described below) harmless against any claims arising out of your participation in the Program and use of a Vehicle;
· 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 http://www.maven.com or otherwise making the updates available to you. It is your responsibility to frequently review the updates during your participation in the Program. You may cancel your participation in the Program at any time by providing notice to us at firstname.lastname@example.org or as otherwise provided in this Agreement; and
· You have read and agree to be bound by the detailed terms and conditions provided below.
THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
THESE TERMS AND CONDITIONS ALSO INCLUDE A JURY WAIVER.
MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN SECTION 8.9 BELOW.
Detailed Terms and Conditions
Maven Member Service is a team of dedicated OnStar representatives that can assist in answering members’ questions and concerns. They can be reached at 1-844-HIMAVEN (1-844-446-2836).
Authorized Driver is You the member, other members and any other person defined as an authorized driver by applicable law.
Designated Space means a parking space located at a Station with a Maven sign and visible on the Maven App.
Fees means membership fees, usage fees, mileage fees, low fuel fees, cleaning fees, violation processing fees, late fees and any other fees you may be responsible for under this Agreement.
Program means the Maven car-sharing service.
Station means the parking facility, lot or street location which provides Designated Spaces for Vehicle pick-up or drop-off.
Supplier means the owner of the Vehicle as identified on the insurance document found in the glove box compartment of the Vehicle.
Trip means the use of a Vehicle from the beginning of a reservation until the reservation ends by parking in a Designated Space and activating the End Trip button in the App.
You/Your/you/your means you as a member of Maven car-sharing service.
Vehicle means any one of the vehicles in the Maven fleet rented by you under the terms and conditions of this Agreement.
We/Us/we/us means Maven Drive LLC and its affiliates.
l. Basic Terms
1.1 We are making the Vehicles available for reservation through the Program subject to the terms and conditions of this Agreement.
1.2 You may reserve a Vehicle for usage on an hourly basis, a daily basis or for 28 days. A Vehicle available for a 28-day rental is hereinafter referred to as a Reserve Vehicle.
1.3 The Supplier owns the Vehicle. You will not acquire any ownership interest in any Vehicle or other items made available to you for use during the term of this Agreement, and you do not have the right to sub. Your use of, and rights in relations to, any vehicle or item provided to you under this Agreement are subject to the other terms and conditions of this Agreement.
1.4. We may add or remove Vehicles from the Program at any time 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 to the terms and conditions of this Agreement.
1.5 We will activate OnStar or require other direct access to the Vehicle, in order to contact the Vehicle directly in case of an emergency or for other business reasons, as permitted by applicable law.
1.6 Member Access; Booking a Reservation, Starting and Ending a Trip
a) The Maven App (“App”) access to the reservation system will occur following the approval of your enrollment. Once your membership has been approved, you can use your login credentials to access the App and reserve Vehicles.
b) The Maven App allows authorized members to gain access to the Vehicles during the time of their reservation. When you book a reservation, you are required to select a time to start your reservation and the end time of your reservation.
c) When you book an hourly or daily reservation, we will pre-authorize a charge to your payment method in an amount of $50, or your estimated total usage fees, whichever is greater, (the “Pre-Authorization Charge”). If your payment method rejects this Pre-Authorization Charge, your reservation will be cancelled.
When you book a Reserve Vehicle for 28 days, we will charge you the entire Usage Fee upfront.
(i) If you book the reservation within 24 hours of the start of your Trip, we will pre-authorize your payment method for an hourly or daily booking, and charge your payment method for a 28-day Reserve Vehicle booking, immediately when you complete the booking.
(ii) If you book the reservation 24 hours or more before the start of your Trip, we will pre-authorize your payment method for an hourly or daily booking and charge your payment method for a 28-day Reserve Vehicle booking, 24 hours before the start of your Trip.
d) You can cancel your reservation at no charge up to 24 hours before your Trip is scheduled to begin. If you cancel your reservation within a 24-hour window of the reservation start time, you will be charged the full estimated usage fees for the Trip.
e) Just before your reservation start time, you will receive a message indicating that you can begin your Trip. Access to the Vehicle will be given once you begin your reservation and the 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 App. Your mobile device must be powered and fully functioning in order to access and start the Vehicle and to start and end your Trip.
2. Fees. All Fees, plus applicable taxes and surcharges, will be charged to the payment method you provide when you enroll.
a) Usage Fees. You agree to pay us usage fees per the then current 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. The payment method you provided that is on file automatically will be charged for every hourly or daily Trip upon ending the reservation and before starting a Reserve Trip.
Any daily rate is based on a 24-hour period. The time a rental begins is noted on this Agreement as time stamped via the App when you confirmed your reservation.
For rentals commencing in Colorado: Colorado Road Safety Fee @ $2.00 / day.
For rental commencing in New Jersey: Domestic Security Fee @ $5.00 / day.
b) Late Fees. If you return the Vehicle later than the end reservation time, and to the extent permitted by applicable 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. Members must click “End Trip” in the Maven App upon returning the Vehicle. Failure to do so may result in late fees. Subject to vehicle availability, you may be able to extend your reservation end time to avoid a late fee by using the Maven App. You will be charged for the additional time if you choose to extend your reservation.
c) Mileage Fees. You will have a 180-mile maximum driving distance per 24 hour day per reservation for hourly and daily Trips. You will have a 1,250-mile maximum driving distance for Reserve Vehicle Trips. For Trips driven above the applicable maximum miles, you agree to pay $0.42 per mile plus applicable taxes.
d) Low Fuel Fees. Each Vehicle includes a fuel card for your use during your Trip. The Vehicle must be returned with at least _ tank of gas. A $30 fee plus applicable taxes will be charged if you returned the Vehicle at the end of your Trip with below a _ tank of gas.
e) 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 the full amount of the reservation.
f) Tickets/Violations Fee. You are responsible for timely responding to and paying any parking tickets and moving violations incurred during your Trip. If we receive a notice and process a violation, you will be charged the ticket fee as well as a $30 processing fee plus applicable taxes. You also authorize us to provide your personal and payment method information to the charging authorities for the purpose of processing a violation.
g) Tolls. You will be responsible for any tolls incurred while using the Vehicle though the Vehicle may be equipped with a toll pass.
For rentals commenting in Colorado: Pursuant to the requirements of C.R. S. 43-3-302 and C.R.S. 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 such a penalty in incurred, Your name, address, and state driver’s license number will be furnished to the toll road or toll highway company (for toll violations) or to the prosecutorial division of the appropriate jurisdiction (for parking violation fines).
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 such a penalty is incurred, Your name, address and state driver’s license number will 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).
h) Cleaning Fee. You are to return the Vehicle in a clean condition for others to use. If found otherwise (ex. odor or residue from smoking, pet hairs, etc.) you will be charged up to $150 plus applicable taxes for cleaning fees.
i) Unauthorized Driver. In addition to other rights and remedies 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 the Program.
j) Deductible. You are responsible for any loss or damage to the Vehicle that you do not report prior to the start of your Trip. You should document any damage to the Vehicle by taking a photo of it and emailing it to member services prior to the start of your Trip. You agree that we may in our sole discretion, charge you a fee of up to $750 plus any taxes as a deductible (“Deductible”) for any damage or loss during a Trip. If the Vehicles are used in accordance with the Rules of Use and otherwise in a safe manner, you will not be charged for any damage to the Vehicle beyond the Deductible. However, if you fail to comply with the terms and conditions of this Agreement or otherwise operate the Vehicle in a negligent or reckless manner or in any way that endangers others, you agree to pay damages beyond the Deductible.
k) Other Violations. In addition to 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 program terms and conditions or Rules of Use if such 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.)
l) Payment Method. Other than the usage fee which will be 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 that is on file. This payment method must be your own credit or debit card issued to you and not someone else. You may cancel the use of your credit or debit card by terminating your participation in the Program and providing notice to us at email@example.com. You remain responsible for any Fees or damages incurred prior to your termination. Any changes to the pricing policy 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 must keep current all information on credit or debit card on file in your user profile on www.maven.com. You will receive an email receipt with the breakdown for each Trip of charges that have been applied to the payment method you have on file.
m) Cancellation & Refund Policy
(i) If you cancel your reservation at least 24 hours prior to the start of your Trip, you will be refunded the amount of the Pre-authorization charge for hourly and daily reservations. You will be refunded the amount of the Usage Fee for the Reserve reservations.
(ii) Except for timely cancellations as provided above, we do not provide refunds of the Pre-Authorization Charge, the Reserve Usage Fee or any other Fees. If you believe you have been charged in error, you must submit a formal request to firstname.lastname@example.org and include their name, phone number, and reason for refund request. Requests will be reviewed within three (3) business days.
(iii) 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 amount of the Pre-Authorization Charge, we will return the difference to your payment method.
n) 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 suspend or terminate your membership immediately. We reserve the right to assign a delinquent member account to a third party collection agency.
3. Your Responsibilities. You agree and are solely responsible for:
a) Complying with all applicable laws, regulations, local ordinances and the Program Rules of Use (see below);
b) 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 such loss or damage;
c) Any traffic, moving or parking violation citations, fines or other penalties incurred by reason of use of the Vehicle. Without limiting or altering any insurance or indemnification obligations contained in this Agreement, you will fully cooperate with us and Supplier in the defense of any claims or lawsuits related to your use or possession of the Vehicle. You shall be responsible for all fines, forfeitures and penalties incurred by reason of the use of the Vehicle;
d) Notifying us of any concerns or incidents involving the Vehicle by calling (844) 446-2836 or by pressing the OnStar button in the Vehicle which will allow you to speak with an OnStar advisor;
Immediately notifying General Motors of a potential safety defect in the Vehicle by calling (877) 866-7776;
e) Complying with the following incident / accident procedures:
For EMERGENCY situations, you may press the red OnStar button for assistance or call 911. Further instructions regarding incident / accident procedures are located in the glovebox.
The Vehicle is equipped with OnStar. By participating in the Program, you agree to be bound by the OnStar Terms and Conditions for any use of the OnStar system, except as otherwise provided in this Agreement. The OnStar Terms and Conditions are posted at https://www.onstar.com/us/en/footer-links/terms-conditions.html.
f) Keeping your personal information, including payment information, up-to-date in all respects at all times within your Maven 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.
g) Returning the Vehicle to the proper location when your reservation ends. To the extent permitted by law, we may repossess a Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement.
For rentals commencing in Arizona: You will be in violation of A.R.S. §13-1806 if the Vehicle is not returned within 72 hours of the date and time the Vehicle is due back. If you fail to return the Vehicle within 72 hours of the date and time due in, you may be found guilty of a Class 5 felony that could result in a fine of up to $150,000 per charge and/or imprisonment of up to 7.5 years.
For rentals commencing in Colorado: Failure to return the Vehicle within 72 hours of the due-in date is a felony according to Colorado Revised Statutes §18-4-401.
For rentals commencing in the District of Columbia:
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 in accordance with the section 812.155, Florida Statutes.
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 §87A.
4.1 You represent and warrant that you are eligible to participate in this Program by meeting the following eligibility requirements:
a) You possess a valid operator’s license which is not modified, suspended, revoked or restricted (except for corrective lens) in any way and will present it to Maven upon reasonable request for proof. If you possess a non-US driver’s license it must be considered valid in the state in which you reside.
b) You are at least 18 years of age; and
c) You have not been convicted in the last 5 years of any of the following motor vehicle violations:
(i) Driving while operator’s license is restricted, suspended, revoked or denied;
(ii) Vehicular manslaughter, negligent homicide, felonious driving or felony with a vehicle;
(iii) Operating a vehicle while impaired, under the influence of alcohol or illegal drugs, or refusing a sobriety test;
(iv) Failure to stop or identify after a crash (includes leaving the scene of a crash; hit and run; giving false information to an officer);
(v) Eluding or attempting to elude a law enforcement officer;
(vi) Traffic violations resulting in death or serious injury; or
(vii) Any other significant violation warranting restriction or suspension of license;
d) Additionally, if you are between the ages of 18 and 21, you have not been convicted in the past 1 year of any moving violations of traffic laws.
e) 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 Program.
4.2 You consent to and authorize us and our affiliates, to the extent permitted by applicable 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 the Background Check Disclosures, the State law Disclosures and the California State Law Disclosures, described in more detail at the end of this Agreement, as well as this background check authorization.
4.3 You will immediately notify the Maven Member Service in the event your operator’s license expires or is in any way modified, suspended, restricted, or revoked or if you otherwise no longer meet an eligibility requirement.
4.4 You understand and agree that, in the event we receive notifications by prosecution authorities of traffic rule violations allegedly committed with a Vehicle, we will be entitled to provide complete and accurate data (full name, date of birth, address) of the driver who operated the Vehicle at the time of the alleged traffic rule violation to the respective prosecution authority.
4.5 We reserve the right to suspend or remove you from the Program for any reason in our sole discretion, including but not limited to our discovery of your non-compliance with the foregoing eligibility requirements.
5. Collection, Use, and Sharing of Information
5.1 In order to provide Maven services 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 are posted at https://www.onstar.com/us/en/footer-links/privacy-policy.html.
5.2 We will collect your name, address, telephone number, email address, driver’s license number, the driver’s license expiration date and state of issuance. This information will be provided to our trusted service provider to perform a background check of your driving history and/or driving record, so that we can confirm your eligibility to participate in the 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. We will collect your billing information, including your name, credit card number, credit card type, expiration date and CVV number, in order to provide the information to our trusted payment service provider, so that we can process your payment for Maven services. 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, as well as this background check authorization.
5.3 All vehicles are equipped with OnStar services. To the extent permitted by applicable 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 the Rules of Use confirmed by such information may result in the termination of your participation in the Program.
5.4 We will also collect information from the device through which you are using the Maven services, such as device location, in order to provide Maven services to you and to enable certain OnStar services, such as remote door lock/unlock.
5.5 The App is used to manage vehicle reservations in the Program. Participant’s use of the App is subject to the terms of this Agreement, as well as the End User License Agreement, the Privacy Statement for the App, and the OnStar Terms and Conditions and Privacy Statement.
6. Insurance; Indemnification; Limitation of Liability; Personal Property
6.1 Insurance; Indemnification; Hold Harmless. Insurance is provided on the Vehicle while you are operating the Vehicle under this Program in compliance with the terms and conditions. Our automobile liability insurance provides coverage up to the minimum financial responsibility limits required by state law. To the extent such protection is imposed by applicable law, that protection will be for the minimum limits required by law. We are liable only up to the maximum amounts under our insurance coverage and only if the Vehicle was being operated by you, another member of the Program or a person entitled to insurance coverage under applicable law. You may be liable to us up to the maximum amounts described above and to an injured person for amounts awarded in excess of such maximum amounts.
Notice for rentals commencing in Arizona:
WE DO NOT EXTEND ANY OF OUR MOTOR VEHICLE FINANCIAL RESPONSIBILITY OR PROVIDE PUBLIC LIABILITY INSURANC EOCEREAGE TO THE RENTER, AUTHORIZED DRIVERS OR ANY OTHER DRIVER.
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 §324.021(7) and 627.736, Florida Statutes.
Notice for rentals commencing in Maryland:
If Our Vehicle is a replacement vehicle as defined in Section 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.
Notice for rentals commencing in Michigan:
For liability losses involving third persons occurring in Michigan, we are responsible only up to $20,000.00 for bodily injury to or death of 1 person in any 1 accident and $40,000.00 because of bodily injury to or death of 2 or more persons in any one accident, and only if you, a member of your immediate family or an authorized driver under this Agreement 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 in excess of those limits.
You are responsible for any and all loss of or damage to the Vehicle resulting from any cause 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 damages 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 at the time of 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 use 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. Members are not responsible for normal wear and tear on the Vehicle. Before each reservation we ask you to check the car inside and out and report any damage. Your responsibility for damage to or loss of the Vehicle will be limited to the $750 Deductible per occurrence unless you fail to comply with the terms and conditions of this Agreement or otherwise operate the Vehicle in a negligent or reckless manner or in any way that endangers others. In that case, you will be responsible for the loss of or damage to the Vehicle beyond the Deductible.
In addition you agree to defend, indemnify and hold us, our affiliates and respective directors, officers, shareholders, employees and agents, and, Supplier harmless from all claims, liability and expenses arising out of your non-compliant 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. We may recover damages suffered by us or Supplier that you owe under this agreement by charging the payment method you provided.
For rentals commencing in New York:
Responsibility for Damage or Loss; Reporting to Police. 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. You are responsible for the lesser of: (a) the actual and reasonable costs incurred to repair the Vehicle, including fees for towing, storage and impound; (b) the reasonable costs that would have been incurred to repair the Vehicle if we elect not to repair; or (c) the actual cash value of the Vehicle immediately before the damage (not to exceed the fair market value, less net disposal proceeds). You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
Upon return of the Vehicle or within 72 hours of its return, an Authorized Driver or his or her insurer must notify us that he or she wishes to inspect the damaged Vehicle, or else the right to inspection will be waived. The inspection must be completed within 7 days of the Vehicle’s return date. If we determine that the Vehicle is a total loss and subject to salvage, the 72-hour notification period and waiver do not apply, and the Authorized Driver or his or her insurer will have 10 business days from receipt of notification from us to inspect the damaged Vehicle, unless we agree to provide access to the Vehicle beyond the 10 business-day time period.
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
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: (a) all physical 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; (ii) if we determine that the Vehicle is repairable: the reasonable estimated retail value or actual cost of repair; (b) Loss of Use, which shall be measured by multiplying your daily usage fee by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; and (d) towing, storage, and impound charges. You are responsible for replacing missing equipment and Vehicle documents and keys. 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 of 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 that we may recover will increase by $2,500 on October 1st of each year. Beginning on October 1, 2020, the maximum amount that we may recover will increase by $1,000 on October 1st of each year.
6.2 Limitation of Liability. Unless prohibited by law, neither we 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 the Program or the use of the Vehicle.
6.3 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.
6.4 Survival. The provisions of this Section will survive the expiration or earlier termination of this Agreement.
7. Term and Termination
7.1 Term. This Agreement becomes effective upon your acceptance of the terms and conditions contained herein and all ancillary consents (the Privacy Statement and the OnStar Services User Terms and Privacy Statement) when you click to accept this Agreement and expires upon your notification to us via email at email@example.com or by calling 1-844-HIMAVEN (1-844-446-2836) unless earlier terminated by us in our sole discretion.
7.2 Termination. We and/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 reserve and utilize any of the vehicles. 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.
7.3 Suspension. Your membership will be suspended immediately with any accident and we will begin to review it for reinstatement within 3 business days.
8.1 Assignability. You may not assign or transfer the rights of this Agreement in whole or in part under any circumstances. Doing so without the consent of us will be void and of no force and effect. We reserve the right to assign this Agreement in our sole discretion.
8.2 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.
8.3 Waiver; Severability. If any one or more of the provisions contained in this Agreement or any document executed in connection herewith shall be invalid, illegal or unenforceable in any respect under any applicable law, (i) unless otherwise provided under applicable law, the validity, legality and enforceability of the remaining provisions contained herein or therein shall not in any way 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 such invalid, illegal or unenforceable term or provision.
Failure or delay on the part of 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.
8.4 Notice. To terminate your membership email us at firstname.lastname@example.org or 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-App messaging.
All legal notices to be given by you to us hereunder 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
30200 Mound Road, Building 1-11
Warren, Michigan 48090-9010
With a copy to:
Maven Drive LLC Legal
300 Renaissance Center
Detroit, MI 48265-3000
8.5 Modification of Terms. We may update the terms of this Agreement at any time by posting updates at www.maven.com or by notifying you of such updates in some other manner. By continuing to participate in the Program following such updates, you agree to be bound by those updated terms.
8.6 No Third Party Beneficiaries. Supplier is an intended third party beneficiary of this Agreement solely for enforcing its rights under Sections 3 and 6. Except for the foregoing, this Agreement is intended to be solely for the benefit of you and us and is not intended to confer any benefits upon, or create any rights in favor of, any person or entity other than the foregoing.
8.7 Conflict of Terms. Any conflict between these Agreement terms and conditions and those of the OnStar terms and conditions will be resolved in favor of these terms and conditions.
8.8 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, the Sections of this Agreement on Insurance, Indemnity, Limitations of Liability, Dispute, Binding Arbitration and Class Action and Jury Trial Waiver, and Personal Property will survive the expiration or earlier termination of this Agreement.
8.9 DISPUTES; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER;
(A) Our customer service department is available to address any concerns You may have regarding the Program. You may call us at (844) 446-2836, email us at email@example.com, 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.
(B) 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 8.9(E) BELOW, SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE "AAA") IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CUSTOMER-RELATED DISPUTES, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL CLAIMS. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE 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.
(C) 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 RELIEF ON A CLASS BASIS. 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, THEN THE ARBITRATION PROVISION SET FORTH IN THIS SECTION 8.9 SHALL BE NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE CLAIMS.
(D) 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.
(E) SECTIONS 8.9(B) THROUGH 8.9(D) 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.
RULES OF USE
1. Reserving a vehicle. You must make a reservation using the App that you download on an Android or iOS device. You have the right to modify or cancel any reservation up to 24 hours before the reservation start time, however, you will be charged for the original reservation fee if you do not change or cancel the reservation prior to 24 hours. Maximum reservation length is 4 days unless you reserved a Reserve Vehicle that is a 28-day rental.
2. Personal Use Only. The Vehicle is to be used for your personal use only and may not be used for hire or any other for-profit purpose.
3. No Unauthorized Drivers. You understand that only you are authorized to use the Vehicle and you may not allow any other person to operate the Vehicle unless such person is an Authorized Driver. As the reservation holder, you remain responsible for all Fees and for any damages that occur during the Trip. In addition to other rights of recourse we may have, you will be removed from the Program.
4. Fuel. For hourly and daily Vehicles, fuel is free to you while utilizing the Vehicle. Our intention is to make each vehicle available to you with at least _ tank of fuel. If you need fuel while out with the Vehicle there is a fuel card in the Vehicle. Fuel cards may only be used for the Vehicle you have reserved. You are required to return the Vehicle with at least _ tank of fuel or you will be charged a $30.00 low fuel fee plus applicable taxes. For a Reserve Vehicle, a $100 fuel card will be provided. Any additional fuel, including that required to ensure the Vehicle is returned with _ tank of fuel, is your responsibility.
5. Pick Up and Return Location. At the start of your Trip, the Vehicle will be available for you in the Designated Space. You must also return the Vehicle to a Designated Space and the Station that you have chosen within the App. Members must park in a Designated Space at the end of a Trip. We reserve the right to charge for not returning the Vehicle to a Designated Space to the payment method you provided on file. Fees may vary and are directly associated with costs incurred by Maven car-sharing service for a vehicle not being in the intended Designated Space at the end of the Trip (e.g. towing, parking tickets, etc.).
6. Parking. While on a Trip, you may park in any legal parking space. For a Reserve Vehicle, you may use a Designated Space as parking during your reservation. Members are responsible for any and all parking fees and fines or tickets that may result. We reserve the right to charge any unpaid parking ticket fees to the payment method you provided on file.
7. Cleaning. You are kindly asked to remove all trash and return the Vehicle in a clean condition. We reserve the right to charge up to $150.00 plus applicable taxes to the payment method you provided on file for any excessive soiling that requires cleaning.
8. Towing. You are prohibited from towing or pushing anything with the Vehicle or overloading the Vehicle.
9. Use Area. The Vehicle must not be driven or otherwise taken outside of the United States.
10. No Smoking. Smoking is not allowed at any time by you or any passenger in the Vehicle.
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.
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.
13. No Operation While Impaired. You agree to never drive the Vehicle while impaired by medication, illness, fatigue, or injury.
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.
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 is permitted to ride in the front seat of the Vehicle.
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.
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. You will drive in a defensive manner, anticipating situations where incidents are likely to occur.
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 call or text must be placed or received. You understand that use of radar/laser detection devices is prohibited.
18. Safe Driving. You agree not to operate the Vehicle in a test, race or contest or off road.
19. No Transport of Dangerous Items. You agree not to use the Vehicle to transfer hazardous, toxic, flammable, poisonous or otherwise dangerous goods.
20. 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, secure location.
21. No Modification to Vehicle. You must not modify, disconnect, or otherwise interfere with the operation of the odometer, emissions control equipment, or any other equipment installed on or in the Vehicle.
22. 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 whatsoever.
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; 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”).
Company may obtain a consumer report on you to be used for the purpose of evaluating 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 on this 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 such 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, 30200 Mound Road, Building 1-11; MC: 480-111-EW3, Warren, Michigan 48090-9010.
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”), 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”), 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 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 section 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; (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. Only if you cannot identify yourself with such information may the ICRA require additional information concerning your employment and personal or family history in order 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 Company may procure, please write to:
Maven Drive LLC, Attention Urban Active Customer Service, Warren Technical Center, 30200 Mound Road, Building 1-11; MC: 480-111-EW3, Warren, Michigan, 48090-9010