Terms of Service
Last Updated: May 5, 2017
1. SCOPE OF TERMS AND CONDITIONS OF SERVICE
Please read these Terms and Conditions of Service (the “Agreement”) carefully. This Agreement is a legally binding agreement between you and DriveOn, Inc. (“DriveOn”).
THESE TERMS AND CONDITIONS OF SERVICE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION WITHOUT A JURY, INSTEAD OF THROUGH A COURT TRIAL. FOR MORE INFORMATION SEE SECTION 10 BELOW.
By activating, signing up, using, purchasing, and/or subscribing to the temporary vehicle-exchanging platform and/or any related services made available or facilitated by DriveOn (“Service”), or by checking any box or clicking any button labeled “I Agree” or similar, you the user (“You”) acknowledge and agree to these Terms and Conditions of Service.
The Service is a platform that facilitates the temporary exchange of vehicles between a community of Owners and Possessors (as defined below). As part of the Service, DriveOn may also provide certain additional services on behalf of Owners and Possessors to help facilitate such exchanges, as described in this Agreement, although Owners and Possessors are ultimately responsible for their use of and conduct in connection with the platform and any vehicles exchanged through the platform. Please note that DriveOn may use contractors to assist with certain such functions, including vehicle transportation and detailing services, and otherwise to fulfill DriveOn’s obligations and exercise its rights under this Agreement. YOU ACKNOWLEDGE AND AGREE THAT NEITHER DRIVEON NOR THE SERVICE IS A PROVIDER OF VEHICLES OR INSURANCE, AND THAT THE FACILITATION OF SUCH TEMPORARY EXCHANGE OF VEHICLES AND THE PROVISION OF ADDITIONAL SERVICES DOES NOT MAKE DRIVEON OR THE SERVICE A PROVIDER OF VEHICLES OR INSURANCE. YOU ARE ENCOURAGED TO CONSULT WITH YOUR OWN LEGAL COUNSEL REGARDING YOUR PARTICIPATION IN THE SERVICE, AND YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO DO SO.
We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the DriveOn website, currently located at http://www.driveon.co. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Service; charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.
For assistance or more information regarding the Service, please contact DriveOn at 1-855-800-3710.
2. BEGINNING YOUR DRIVEON SERVICE
Any user or prospective user who does not have a clean background check or clean motor vehicle record (MVR), or who is not insurable by a standard insurance carrier, may be prohibited from using the Service.
To use the Service, you must make available a vehicle to be used by other users of the Service (such vehicle, “Your Owned Vehicle”). You certify that you are the owner of Your Owned Vehicle. If, at any time, you cease to own Your Owned Vehicle, or its ownership status changes in any way, you must notify DriveOn immediately via telephone or email. Upon DriveOn’s request, you must promptly provide to DriveOn a copy of Your Owned Vehicle’s title or registration.
In addition to complying with the other terms of this Agreement, you represent to us that Your Owned Vehicle at all times meets the following requirements, as determined in DriveOn’s discretion:
- Must have at least 4/32” tire tread on all 4 tires;
- Must include an owner’s manual with a maintenance service schedule (including dates and mileage of all maintenance services performed);
- Must be fewer than seven (7) years old, as measured from the in service date of the vehicle (the date that the vehicle was sold by a dealer and the factory warranty began);
- Must have a clean (i.e., not rebuilt or salvage) title;
- Must not have paint, body or interior blemishes, other than minor blemishes;
- Must have no mechanical problems and otherwise be free of significant damage (e.g., unrepaired collision damage, unrepaired hail damage, etc.); and
- Must have little or no rust.
DriveOn may also establish additional or different requirements from time to time, by posting such requirements on DriveOn’s website or otherwise communicating them to you.
DriveOn reserves the right (but does not have an obligation) to inspect, at any time, Your Owned Vehicle and to repair, at your expense, any damage to Your Owned Vehicle. Any such repairs will be charged to you as a damage charge (see Section 4). For clarity, DriveOn reserves the right to reject any vehicle submitted by you as a prospective Your Owned Vehicle, or to later disqualify Your Owned Vehicle, if the vehicle does not meet the requirements of this Agreement, if the vehicle has excess wear and tear that is financially unviable to repair, if you materially misrepresent relevant information about the vehicle to DriveOn, or if the vehicle is otherwise unfit for use. In such circumstances, you will forfeit your setup fee to DriveOn. We may install monitoring equipment (e.g., to monitor location and driving activity) on any vehicle made available through the Service (including Your Owned Vehicle and Your Possessed Vehicle, as defined below), and you acknowledge that we may collect, use and disclose information from such equipment (including with respect to Your Owned Vehicle and Your Possessed Vehicle).
DriveOn will determine an adjusted value of Your Owned Vehicle. The adjusted value will be determined by reference to a pricing guide (e.g., Edmunds, Kelley Blue Book, NADA, etc.) adjusted by specific features and characteristics of Your Owned Vehicle. DriveOn further reserves the right to alter the adjusted value of Your Owned Vehicle as a function of the number of vehicles participating in the Service like Your Owned Vehicle, as determined by DriveOn.
When your account becomes active on the Service, you will become a member of the community associated with the temporary vehicle-exchange platform made available as part of the Service. As a community member, you will have rights and responsibilities, including under this Agreement, as both the owner of a vehicle participating in the Service (an “Owner”), and as a possessor of a vehicle participating in the Service (a “Possessor”).
3. TERMINATION OF SERVICE
DriveOn may terminate this Agreement at any time, and you may terminate this Agreement upon thirty (30) days’ prior written notice to DriveOn. Without limiting the foregoing, DriveOn may suspend or terminate your participation in the Service without notice for any conduct that DriveOn believes violates this Agreement; if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives; if DriveOn has reasonable cause to believe that you are using the Service for an unlawful purpose or in any way that may adversely affect the Service; if you engage in any deceptive or unfair conduct with respect to your DriveOn account and/or the Service; if you are involved in a vehicular collision, whether in connection with the Service or otherwise; if you fail to abide by the responsibilities, processes and other terms detailed in this Agreement; if you fail to pay your Service fees, including subscription fees, transfer fees, damage charges, and overage charges, when they are due; and/or if you become delinquent on loan payments due on Your Owned Vehicle. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination.
DriveOn may use the information provided by you in connection with the Service to perform or request periodic background (e.g., criminal and legal) checks and credit checks. DriveOn may suspend or terminate your participation in the Service at DriveOn’s sole discretion based on a reduction in your credit rating or any information in your background check (e.g., an arrest for driving under the influence.
If DriveOn terminates this Agreement or suspends or terminates your participation in the Service, then (1) Your Possessed Vehicle (unless it is also Your Owned Vehicle) must be immediately returned by you, and you agree to cooperate with said return and to pay any and all costs (e.g., repossession agent, vehicle shipping charges, attorney fees, court costs, vehicle rental fees, etc.) incurred by DriveOn in facilitating such return; and (2) DriveOn will use commercially reasonable efforts to facilitate the return of Your Owned Vehicle to the address associated with your account within 30 days.
If you terminate this Agreement as set forth above, then (1) Your Possessed Vehicle (unless it is also Your Owned Vehicle) must be returned by you upon the effective date of such termination, and you agree to cooperate with said return and to pay any and all costs (e.g., repossession agent, vehicle shipping charges, attorney fees, court costs, vehicle rental fees, etc.) incurred by DriveOn in facilitating such return; and (2) DriveOn will use commercially reasonable efforts to facilitate the return of Your Owned Vehicle to the address associated with your account within 30 days following receipt of your termination notice, and you agree to pay any and all costs (e.g., repossession agent, vehicle shipping charges, attorney fees, court costs, vehicle rental fees, etc.) incurred by DriveOn in facilitating such return of Your Owned Vehicle from its current Possessor and its delivery to you.
If DriveOn dissolves, you are responsible, logistically and financially, for obtaining possession of Your Owned Vehicle from its Possessor. You agree to cooperate with the Owner of Your Possessed Vehicle in returning such vehicle, or pay any and all costs (e.g., repossession agent, attorney fees, court costs, vehicle rental fees, etc.) incurred by the Owner in obtaining possession of the vehicle from you.
4. DRIVEON CHARGES
You agree to pay to DriveOn a setup fee and a monthly service fee. The amount of the setup fee and the monthly service fee may vary based on special offers or rate increases. While signing up for the Service, you will pay the setup fee and the initial monthly service fee. You agree to continue paying the applicable monthly service fee, including any increases of which DriveOn may notify you from time to time (e.g., expiration of a trial period). Each monthly service fee is due within fourteen (14) days after the calendar month anniversary of the date on which your account becomes active on the Service. The time between each such calendar month anniversary is a billing cycle. If, at any time, you take possession of Your Owned Vehicle (and, for clarity, do not possess any other vehicle in the Service), your account will become suspended (i.e., inactive) beginning on the next such calendar month anniversary, and you will not thereafter be charged a monthly service fee until your account becomes active again. Your account will again become active, and you will begin incurring the monthly service fee again, when you take possession through the Service of any vehicle that is not Your Owned Vehicle.
In addition to the setup fee and monthly service fee, you agree to pay to DriveOn the following charges, as described in this Agreement:
- Mileage overage charges are due within 30 days following the end of the billing cycle during which you returned possession of the vehicle (see Section 5).
- Damage charges are due within 30 days following the end of the billing cycle during which DriveOn conducted an inspection and assessed the damage charges (see Section 5).
- Shipping charges are payable as instructed by DriveOn. Shipping charges may be due before or immediately after a vehicle is shipped.
- Repair charges are due within 30 days following the end of the billing cycle during which the repair charges were incurred (see Section 6).
When creating a DriveOn account, you are required to enter and save a current, accepted and valid payment method in your account. The payment method entered in your account will be charged at the beginning of each billing cycle for your monthly service fee, and will also be charged for all other fees and charges described in this Agreement as applicable. You agree to keep a current, accepted and valid payment method in your DriveOn account information at all times.
Credit card fraud and identity fraud are criminal offenses. At DriveOn, we use automated and manual systems to obtain and confirm proper credit card authorization. Information related to fraudulent transactions, including but not limited to IP addresses, detailed call records, transaction data, location information, and email addresses may be collected and provided to appropriate law enforcement officials, including to assist in the prosecution of any persons that DriveOn has reason to believe is attempting to commit fraud in connection with their purchases and other transactions with DriveOn.
You must notify us in writing of any charges that you wish to dispute within thirty (30) days of notice of such charges, or you will have waived your right to dispute the charges.
5. POSSESSOR RIGHTS AND RESPONSIBILITIES
This Section 5 is applicable to you in your capacity as a Possessor.
You are the Possessor of a vehicle in the Service (“Your Possessed Vehicle”) from and including the day you take possession of the vehicle through the Service, until and including the day you return such possession through the Service.
You agree not to drive Your Possessed Vehicle more than 15,000 miles per year on a daily pro-rated basis (i.e., 41 miles per day, on average), other than Your Owned Vehicle. In particular, the days of possession are multiplied by 41 miles to determine your mileage limit. Such mileage is determined by subtracting the vehicle’s odometer mileage on the day that you took possession of the vehicle through the Service from the vehicle’s odometer mileage on the day that you returned possession of the vehicle through the Service. If such mileage exceeds the mileage limit, then you agree to pay to DriveOn a mileage overage charge determined by multiplying $0.25 USD by the difference between your mileage and the mileage limit.
You agree to satisfy all traffic citations associated with Your Possessed Vehicle, including parking tickets and red light camera fines, incurred while you are the Possessor of the vehicle.
You agree not to use Your Possessed Vehicle, other than Your Owned Vehicle, for commercial purposes. “Commercial purposes” include common carrier services and ride sharing services such as Lyft and Uber, but not transporting a client incidental to your main business purpose with that client (e.g., a real estate agent taking potential buyers to houses for sale or a sales professional taking a client to dinner).
You agree to refrain from smoking or vaporizing cigarettes, tobacco, drugs, or any other substance, and to prevent anyone else from doing the same, in Your Possessed Vehicle, other than Your Owned Vehicle.
You agree not to make any material modifications to Your Possessed Vehicle (unless it is also Your Owned Vehicle). Material modifications are any permanent or semi-permanent changes including, but not limited to: addition or removal of window tint; addition or removal of bumper stickers; addition or removal of window stickers; painting the vehicle other than repairing to original equipment standard; modifying the body (e.g., adding or removing a spoiler or changing a bumper); adding or removing a receiver hitch; replacing audio equipment with other than original equipment parts; upgrading or altering the intake, engine or exhaust; and repairing the vehicle with other than original equipment parts.
You are responsible for knowing, and you agree to comply with, all federal, state and local rules regarding Your Possessed Vehicle, including laws and regulations pertaining to registration and insurance.
Whenever possession of a vehicle is returned by you through the Service, DriveOn may perform an inspection. DriveOn will charge you a damage charge equal to the cost to repair any damage to such vehicle as determined by DriveOn. When you return possession of a vehicle through the Service, a damage charge will be assessed for wear and tear in excess of wear and tear that is normal for a vehicle of the age and mileage of such vehicle. Excess wear and tear includes, but is not limited to: rips, tears, burns, or punctures in any interior surface; carpet stains other than on replaceable floor mats; concentrated scratches and scuffs in interior surfaces; exterior dents and scratches that cannot be removed without repainting the vehicle (excluding hail damage or extensive hail-like damage); damage other than minor scratches to wheels; and any accumulation of hair on interior surfaces, including pet hair.
A wear and tear table is located on the DriveOn website (https://www.driveon.co/wear-and-tear).
You are logistically responsible for having all maintenance services for your Possessed Vehicle performed per its owner’s manual. You are responsible for following all recommendations made by the manufacturer in the owner’s manual, including but not limited to recommended gasoline quality (e.g., Premium 91 AKI or higher). If you return possession of Your Possessed Vehicles, and any routine maintenance services that were paid for by the Owner and required by the owner’s manual have not been performed on schedule, you will be charged a damage charge equal to twice the cost of any outstanding maintenance services required per the owner’s manual.
The Owner will be financially responsible for all regular maintenance services, and the Possessor will be responsible for having such services performed.
You are responsible for preventing damage (e.g., accidents, road damage, vandalism, and weather related or hail damage) to Your Possessed Vehicle. If Your Possessed Vehicle (unless it is also Your Owned Vehicle) sustains damage (e.g., an accident, road damage, vandalism, or weather-related damage), you agree to file a damage report with DriveOn via the DriveOn website (www.driveon.co) within seven (7) days of learning of the damage. DriveOn will arrange for the damaged vehicle to be repaired, and you will be financially and logistically responsible for having the vehicle repaired as instructed by DriveOn. Without limiting the foregoing, if DriveOn incurs any expenses in connection with any repairs for such damage (including if DriveOn pays for such repairs or reimburses the Owner, repair shop or any third party for such repairs), you will promptly pay such amounts to DriveOn upon receipt of an invoice from DriveOn. In addition, if you do not notify DriveOn within seven (7) days of learning of the damage, you agree to pay to DriveOn an additional damages charge in the amount of $500.
Equipment may malfunction or break on Your Possessed Vehicle. You are logistically responsible for having any repairs done to Your Possessed Vehicle. You agree to use a DriveOn authorized repair shop, and to pay the DriveOn authorized repair shop for the repairs. You must submit the invoice and proof of payment to DriveOn to seek reimbursement from the Owner of Your Possessed Vehicle (assuming that you are not the Owner).
You agree to be the sole driver of Your Possessed Vehicle (unless it is also Your Owned Vehicle).
If insurance is offered by an insurance company designated by DriveOn, you agree to obtain insurance from said insurance company for Your Possessed Vehicle. For every vehicle in the DriveOn service, the Owner of the vehicle and the Possessor of the vehicle agree that responsibility and liability (both legal and financial) for any and all damages caused to the vehicle and resulting from the vehicle are transferred from the Owner of the vehicle to the Possessor of the vehicle.
You may request a vehicle having a value within $6,000 USD of the adjusted value of Your Owned Vehicle via the DriveOn website (www.driveon.co) once your account has become active on the Service. DriveOn will seek to facilitate the delivery of the requested vehicle to you within fourteen (14) days and facilitate your return of possession of Your Possessed Vehicle. This is a vehicle exchange. When you request a vehicle exchange, you will be charged for shipping charges equal to the cost of shipping the requested vehicle to you from another DriveOn user plus the cost of an inspection fee.
If the applicable Owner requests that Your Possessed Vehicle be returned to them within 30 days, you may either select a vehicle in the Service via the DriveOn website (www.driveon.co) that is currently available within 15 days after such request. If you are unable to select such a vehicle within three (3) days following the day that Your Possessed Vehicle is returned, then DriveOn will reimburse your actual, documented, out-of-pocket costs of renting a vehicle from a car rental agency for a maximum of ten (10) days, up to a maximum dollar amount per day, which will be communicated to you by DriveOn. For clarity, you are responsible for arranging for such a vehicle rental, and DriveOn is not a party to such rental arrangement, nor does DriveOn have any responsibility or liability with respect to such rental arrangement or such rented vehicle (including any damage to such vehicle, or any accidents or other damage that may occur in connection with such vehicle). It is your responsible to obtain any insurance that is required by law or that you deem appropriate with respect to such vehicle.
You agree that neither DriveOn nor the Owner of Your Possessed Vehicle is liable for any accident, wreck, claim or damage you cause or in which you are involved while being in possession of Owner’s vehicle.
6. OWNER RIGHTS AND RESPONSIBILITIES
This Section 6 is applicable to you in your capacity as an Owner.
You agree to familiarize yourself with and comply with all loan terms and payments, if any, for Your Owned Vehicle.
You are responsible for knowing and agree to comply with all federal, state, and local rules regarding Your Owned Vehicle, including titling, registration, and insurance.
You agree to maintain insurance on Your Owned Vehicle. If insurance is offered by an insurance company designated by DriveOn, you agree to obtain insurance from said insurance company for Your Owned Vehicle. For every vehicle in the Service, the Owner of the vehicle and the Possessor of the vehicle agree that responsibility and liability (both legal and financial) for any and all damages caused to the vehicle and resulting from the vehicle are transferred from the Owner of the vehicle to the Possessor of the vehicle.
You agree that Your Owned Vehicle has a clean history report and has not been involved in a major accident that has jeopardized the safety of the vehicle.
You agree to pay all repair and maintenance costs for Your Owned Vehicle that are not a direct result of actions taken by another Possessor of such vehicle within the Service. Such costs may include regular maintenance, and repairs of any equipment that breaks or malfunctions on Your Owned Vehicle other than as the result of any actions by another Possessor of the vehicle. The Possessor will have all repairs performed at a DriveOn authorized repair shop and a copy of any invoices from the authorized repair shop will be provided to you. These invoices represent repair charges. You agree Your Owned Vehicle must have at least 4/32” tire tread on all 4 tires for the duration of time that vehicle is in the Service. If the tire tread falls below 4/32” you agree to replace the tires with tires of a quality at or above the tires being replaced. You may replace only the tires whose tread has fallen below 4/32” but, notwithstanding the foregoing, you must replace tires in pairs (e.g., replacing both rear tires at the same time). You are not permitted to replace only one tire at a time.
You consent to let other users of the Service possess and drive Your Owned Vehicle, and you understand that other users of the Service have similarly put vehicles into the Service for which they are the Owner, allowing you to possess and drive their vehicles, all subject to the terms and conditions of this Agreement.
If Your Owned Vehicle is driven by another Possessor at a rate exceeding 15,000 miles per year, your account will be credited with an amount equal to 100% of mileage overage charges assessed to such Possessor.
You have the right to request that Your Owned Vehicle be returned to you. If you request the vehicle back, we will use commercially reasonable efforts to facilitate its return to you when the current Possessor requests a different vehicle. Alternatively, you may request return of the vehicle within 30 days. You will be responsible for paying shipping charges if you request return of the vehicle within 30 days.
If, during the term of your participation in the Service, Your Owned Vehicle is damaged while in the possession of another Possessor as part of the Service, DriveOn will reimburse you for your actual, documented, out-of-pocket costs of repairing such damage at a DriveOn authorized repair shop, subject to DriveOn’s applicable repair policies as updated by DriveOn from time to time, up to a limit of $50,000.00 or, if less, 75% of the current appraised value of Your Owned Vehicle); provided that (a) you are in compliance with all terms and conditions of this Agreement, (b) such damage results from an accident, collision or other incident, and does not, for clarity, constitute ordinary wear-and-tear, (c) such damage does not result from any mechanical problem or other defect of any kind with Your Owned Vehicle, (d) you notify DriveOn in writing of such damages within seven (7) days after learning of such damages, (e) DriveOn pre-approves such repairs in writing, and (f) for clarity, the foregoing does not limit the Possessor’s obligations or liabilities with respect to such damages or repairs, including as set forth in Section 5 above. Subject to the foregoing, you agree that DriveOn is not responsible for any reduction in value of Your Owned Vehicle due to its use in the Service or events that may occur with Your Owned Vehicle while it is in the possession of another user of the Service.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL DRIVEON, ITS EMPLOYEES, CONTRACTORS, BUSINESS PARTNERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, SALES OR DATA; ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, OR LOSS OF BUSINESS INFORMATION; OR FOR ANY OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE VEHICLE-EXCHANGING PLATFORM, THE DRIVEON WEBSITE, THE SERVICE OR ANY PRODUCT MADE AVAILABLE OR FACILITATED BY DRIVEON, OR YOUR OWNED VEHICLE OR YOUR POSSESSED VEHICLE, EVEN IF DRIVEON, OR OUR EMPLOYEES, CONTRACTORS, LICENSORS OR AFFILIATES ARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF DRIVEON AND ITS EMPLOYEES, CONTRACTORS, LICENSORS AND AFFILIATES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE U.S. $100; PROVIDED THAT THE MAXIMUM SUCH AGGREGATE LIABILITY WITH RESPECT TO THE LAST PARAGRAPH OF SECTION 6 WILL BE AS SET FORTH IN SUCH PARAGRAPH.
8. DISCLAIMER OF WARRANTIES
NO WARRANTY, EXPRESS OR IMPLIED, IS MADE REGARDING THE CONDITION OR FITNESS OF THE SERVICES (INCLUDING THE VEHICLE-EXCHANGING PLATFORM) OR VEHICLES MADE AVAILABLE (INCLUDING YOUR POSSESSED VEHICLES), OR THE USE OF THE SERVICE OR ANY PRODUCT MADE AVAILABLE OR FACILITATED BY DRIVEON, ITS CONTRACTORS OR BUSINESS PARTNERS, FOR ANY PARTICULAR USE OR PURPOSE, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT. DRIVEON DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON ITS BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY, EVEN BY A CONTRACTOR OR BUSINESS PARTNER OF DRIVEON, AS A WARRANTY BY DRIVEON. YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND DRIVEON, ITS EMPLOYEES, CONTRACTORS, BUSINESS PARTNERS, LICENSORS OR AFFILIATES MAKE NO WARRANTY TO YOU OR TO ANY THIRD PARTY WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS, IMPLIED OR STATUTORY, AS TO THE SUITABILITY, DURABILITY, DESCRIPTION, QUALITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR USE OR PURPOSE OF THE SERVICE (INCLUDING THE VEHICLE-EXCHANGING PLATFORM) OR ANY VEHICLES MADE AVAILABLE (INCLUDING YOUR POSSESSED VEHICLES), OR THE USE OF THE SERVICE OR ANY PRODUCT MADE AVAILABLE OR FACILITATED BY DRIVEON, ITS CONTRACTORS OR BUSINESS PARTNERS. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. DRIVEON ALSO MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. DRIVEON DOES NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, DRIVEON EMPLOYEES, TO MAKE ANY WARRANTIES ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK.
You agree to defend, indemnify and hold harmless DriveOn, its affiliates, licensors, employees, contractors, and business partners, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms and Conditions of Service; (b) your use of the Service or any vehicle in connection with the Service, including, but not limited to, your use of the Service or any such vehicle other than as expressly authorized in these Terms and Conditions of Service; or (c) any mechanical problem or other defect of any kind in connection with Your Owned Vehicle.
10. DISPUTE RESOLUTION
We hope that most concerns can be resolved to your satisfaction by contacting DriveOn at 855-800-3710 or www.driveon.co. You agree to contact us in writing at DriveOn Support 115 E. 23rd St., 3rd Floor, New York, New York 10010 and provide a description of your dispute, all relevant documents, and your proposed resolution prior to taking any formal action. You further agree to submit your dispute to binding arbitration or small claims court as set forth herein if DriveOn are unable to resolve your dispute within 60 days of your notice to us.
B. BINDING ARBITRATION
The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND DRIVEON, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT DRIVEON AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and DriveOn. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and DriveOn relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and DriveOn relating to such subject matter. There are no third-party beneficiaries to this Agreement. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. DriveOn will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.