ReachNow MOBILITY SERVICES MEMBERSHIP AGREEMENT

Last Updated: 07/12/2018

***THIS CONTRACT CONTAINS A BINDING MUTUAL ARBITRATION PROVISION (INCLUDING A CLASS ACTION WAIVER). BY ACCEPTING THIS AGREEMENT YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE TO BINDING ARBITRATION.***

Introduction

1. Purpose of Agreement
2. Eligibility to Use the Services
3. General Services Legal Compliance and Prohibited Uses
4. Ridesharing Services
5. Carsharing Services
6. Fees, Charges and Payments
7. Child Safety Seats; Removal of Personal Items; No Modification or Repairs
8. Incident Reporting; Cooperation with Loss Investigation
9. Disclaimers
10. Term; Termination of Membership
11. Personal Information and Use of GPS and Telematics
12. Dispute Resolution
13. Miscellaneous
14. Oregon Addendum
15. Washington Addendum

 

1. Purpose of Agreement.

1.1    Generally. This ReachNow Mobility Services Membership Agreement (the “Agreement”) is by and between ReachNow, LLC d/b/a ReachNow (“ReachNow”) and the person accepting this Agreement with such person’s E-Signature (as defined below) (“you”). By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions of this Agreement. This Agreement is effective as of the date of your E-Signature (as defined in Section 13.8 below). In this Agreement, ReachNow and you may be referred to together as the “Parties” and each individually as a “Party.” The term “App” as used in this Agreement will mean that certain ReachNow Mobility Services App. “Carsharing Vehicles” and “Ridesharing Vehicles” (both as defined below) will collectively be referred to as “Vehicles”.

1.2    Services. ReachNow provides mobility services (collectively, the “Services”), including, but not limited to, free-floating car sharing (the “Carsharing Services”), ride hailing (the “Ridesharing Services”), and vehicle reservations for longer trips (“Reserve”) in certain cities in the United States. Not all of the Services are available in every city where ReachNow operates one or more of the Services.

1.3    Program Rules. The terms of the following documents are incorporated into this Agreement by reference, as in effect from time to time and as applicable to each particular program, city, Service and/or feature described in this Agreement ((a) through (b) of this Section are collectively referred to herein as the “Program Rules”): (a) the ReachNow Technology Platform Mobile Application and Website Terms of Use (the “Terms of Use”); and (b) Help, About and Overview FAQ’s (collectively, the “FAQs”). The Program Rules will be located on the App (under the “About” and/or “Help” menus), on the ReachNow website available here (the “Website”), or on both the App and the Website. You will consult the applicable Program Rules prior to each use of the Services.

Back to top ↑

 

2.    Eligibility to Use the Services.

2.1    Eligibility for Using the Ridesharing Services. To be eligible to use the Ridesharing Services, you must meet the eligibility criteria listed below (the “Ridesharing Eligibility Criteria”) at the time of application and at all times thereafter:

(a)    Be at least eighteen (18) years of age;

(b)    Possess a valid credit card or debit card in your name;

(c)    Possess permitted and continuous use of a smartphone compatible with the App and with a verifiable phone number; and

(d)    Possess a verifiable email address.

2.2    Process to Request Approval to Use the Ridesharing Services. Prior to requesting a Ride (as defined below), you must have requested approval from ReachNow through the App to use the Ridesharing Services and have received confirmation from ReachNow that you are eligible to use the Ridesharing Services.  If you receive confirmation from ReachNow that you are eligible to use the Ridesharing Services, you will be considered a “ReachNow Member” for as long as: (i) you maintain such eligibility, (ii) such approval by ReachNow has not been rescinded by ReachNow, and (iii) this Agreement remains in effect. As part of the application process to become a ReachNow Member, you will provide any information requested by ReachNow necessary in order to verify your identity and compliance with the Ridesharing Eligibility Criteria. You represent that you meet and will continue to meet the Ridesharing Eligibility Criteria during the term of this Agreement (as provided in Section 2.1) and that you will report any change in your compliance with the Ridesharing Eligibility Criteria to ReachNow as soon as practicable, but no more than twenty-four (24) hours after such change.

2.3    Eligibility for the Carsharing Services and Reserve. To be eligible to use the Carsharing Services, you must meet, as determined by ReachNow in its sole discretion, the eligibility criteria listed below (the “Carsharing Eligibility Criteria”) at the time you request to use the Carsharing Services and at all times thereafter:

(a)    If you received approval from ReachNow to use the Carsharing Services prior to April 16, 2018, you must:

(1)    Possess a valid U.S. driver’s license with a minimum of two (2) years of driving history;

(2)    Be at least eighteen (18) years of age; and

(3)    Have a clean driving record (as determined by ReachNow in its sole discretion), which means that, at minimum, you have none of the following:

(i)    any major violations in the past three (3) years;

(ii)    any alcohol or drug related incidents in the past seven (7) years; and

(iii)    more than two (2) violations or accidents combined in the past three (3) years; and

(b)    If you apply to use the Carsharing Services on or after April 16, 2018, you must:

(1)    Possess a valid U.S. driver’s license with a minimum of two (2) years of driving history;

(2)    Be at least twenty-one (21) years of age; and

(3)    Have a clean driving record (as determined by ReachNow in its sole discretion), which means that, at minimum, you have none of the following:

(i)    any major violations in the past three (3) years;

(ii)    any alcohol or drug related incidents in the past seven (7) years;

(iii)    more than two (2) minor violations in the past three (3) years; and

(iv) more than one (1) accident in the past three (3) years.

(c)    Process to Request Approval to Use the Carsharing Services and Reserve. Prior to your use of the Carsharing Services or Reserve, you must apply to use the Carsharing Services through the App and have received confirmation from ReachNow that you are eligible to use the Carsharing Services. You will only be eligible to use Reserve if you have been approved by ReachNow to use the Carsharing Services and such approval has not been rescinded by ReachNow. As part of your request for approval to use the Carsharing Services, you will provide a valid U.S. driver’s license to ReachNow and provide any other information requested by ReachNow necessary in order to verify your identity, driving record, and compliance with the Carsharing Eligibility Criteria applicable to you.  You represent that you meet and will continue to meet the Carsharing Eligibility Criteria applicable to you during the term of this Agreement (as provided in Section 2.3) and that you will report any change in your compliance with the Carsharing Eligibility Criteria to ReachNow as soon as practicable, but no more than twenty-four (24) hours after such change.

(1)    Consumer Reports. As part of the application process to apply to use the Carsharing Services and at any time during the term of this Agreement (as provided in Section 10), you authorize ReachNow to order one or more consumer reports on you. A “consumer report” includes any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living that is used in whole or in part as a factor in establishing the consumer’s eligibility for a purpose authorized under the Fair Credit Reporting Act. The consumer reports ReachNow will order may include, but may not be limited to, reports containing driver license validity information and driving and or motor vehicle record information on you from any state in which you have been licensed to drive, as gathered and communicated by a consumer reporting agency. In the event that your application to use the Carsharing Services is denied based wholly or partly on information in a consumer report, you will be notified of this fact and given the name and address of the consumer reporting agency who provided the report to ReachNow and other information as may be required by federal and/or applicable state law. This Agreement will serve as your signed, written consent for ReachNow to order such consumer reports. ReachNow, in its sole discretion, may deny or revoke your request to use the Carsharing Services or terminate this Agreement if any consumer report shows that you fail to meet the Carsharing Eligibility Criteria. The consumer reports ordered pursuant to this Section 2.3 may be ordered in multiple phases. Therefore, it is possible that you may initially receive approval from ReachNow to use the Carsharing Services but that such approval may be rescinded at a later point based on a subsequently-ordered consumer report.

(2)    Selfie and Photographed Image of Driver’s License. As part of the application process to apply to use the Carsharing Services, you authorize ReachNow, through the App and in connection with a third party service provider, to: (i) take a photograph of the front and back of your driver’s license (the photo of the back of your driver’s license will collect information from the barcode/machine readable zone of your driver’s license), (ii) take a photograph or “selfie” of your face (the “Selfie”), and (iii) track the movement of your eyes as you follow an icon on your mobile phone screen as it moves in a random pattern. The photographs of your driver’s license will provide ReachNow and third party service providers with the information contained visibly on the front of your driver’s license and contained in the barcode/machine readable zone of your driver’s license. The information collected from you as described in this Section 2.3 will be used to determine whether you are the person who is licensed to drive pursuant to the driver’s license you provide as part of your request for approval to use the Carsharing Services and that the Selfie you provide is a photograph of your actual, live face, and not a photograph of a photograph of your face. The comparison between your driver’s license photograph and the Selfie may be done utilizing biometric technology that analyzes certain data generated by automatic measurements of certain of your facial characteristics. The information described in this Section 2.3 is used by ReachNow and third party service providers appointed by ReachNow in order to assist in ordering the consumer reports described above in Section 2.3(c)(1) and more generally in verifying your eligibility to use the Carsharing Services. This Agreement will serve as your signed, written consent to the collection of the information described in this this Section 2.3 for the purposes described in this Agreement or the ReachNow Privacy Policy available here.

2.4    No Guarantee of Approval to Use Ride, Car Sharing, or Reserve. You are not guaranteed approval to use any Service. Approval, denial, rescission, and termination of eligibility to use one or more of the Services is in ReachNow’s sole discretion. ReachNow reserves the right and has sole discretion to reject or terminate your ReachNow Membership and use of, or eligibility to use, any of the Services for any reason at any time.

Back to top ↑

 

3.    General Services Legal Compliance and Prohibited Uses.

3.1    General Services Legal Compliance and Behavior Requirement. You, all Guests (as defined in Section 4.3(b) below), and all passengers will interact with the Services, including, but not limited to, Vehicles, Drivers, if any, and the App in a safe and prudent manner and in compliance with all applicable laws. You will inform all Guests and passengers of such requirement and you will inform such persons that they must comply with the General Vehicle Prohibited Uses described in Section 3.2 below. At the end of each use of the Services you will leave the Vehicle in a clean condition (as determined by ReachNow in its sole discretion) including, at minimum, that: (a) there is no trash, refuse, or personal items left in the Vehicle; and (b) the Vehicle is not soiled or stained. You will be responsible for all costs related to cleaning any Vehicle if you return or depart/exit such Vehicle in an unclean condition.

3.2    General Vehicle Prohibited Uses. No Vehicle will be used (by you or by anyone else through an act or omission of you) as follows:

(a)    without ensuring compliance with all applicable seatbelt laws and child safety seat laws (as further detailed in Section 7.1);

(b)    in any manner other than the intended use for such Vehicle;

(c)    to consume or transport drugs, alcohol, illegal or contraband substances or property deemed hazardous by reason of being flammable, explosive, fissionable or corrosive;

(d)    loaded beyond the manufacturer’s stated passenger capacity for carrying passengers, for carrying passengers other than in the interior of the Vehicle, or for carrying more passengers than there are seatbelts in the Vehicle;

(e)    to haul or move anything on the roof of the Vehicle, including but not limited to roof racks, bicycle racks and roof boxes, unless such equipment was installed by ReachNow;

(f)    to engage in any activity that could properly be charged as a felony;

(g)    to smoke or vape any substance in;

(h)    to transport any animals except for any service animal;

(i)    to eat or drink in, if such food or beverage is likely to spill in the Vehicle;

(j)    for any commercial purposes (including, but not limited to, use of the Vehicle for participation in a ride sharing service) unless such use has been specifically approved in writing by ReachNow;  or

(k)    in any manner, or for any use, by which the Vehicle may become excessively soiled or by which trash will be left in the Vehicle.

Back to top ↑

 

4.    Ridesharing Services.

4.1    Generally. ReachNow engages with third party drivers employed by third party entities (each a “Driver”) to drive vehicles owned or leased by ReachNow, in order to provide rides (each, a “Ride”) to passengers under the terms of this Agreement.

4.2    Ridesharing Vehicles.  ReachNow will make vehicles (each, including, but not limited to, its parts, equipment, and accessories, a “Ridesharing Vehicle”) available to Drivers in order to provide Rides. You will use the App to request and receive Rides as provided under the terms of this Agreement. You will not use or operate any Ridesharing Vehicle and you will not have or acquire any other right, title, or interest in or to a Ridesharing Vehicle other than as a passenger in connection with the Ridesharing Services, all as pursuant to the terms and conditions of this Agreement. ReachNow does not guarantee that it will accept any particular Ride Request (as defined below).  ReachNow does not guarantee that it will provide any specific Ridesharing Vehicle or Driver for any Ride. ReachNow may remove a Ridesharing Vehicle from use or end a Ride at any time in its sole discretion.  

4.3    Requesting, Cancelling, and Concluding Rides.

(a)    Requesting a Ride. You will request each Ride through the App (each, a “Ride Request”). Rides are only available during the timeframes described in the FAQs. Ride Requests that fall outside of such timeframes will not be accepted by ReachNow. As part of the Ride Request process, you will enter the pick-up location at which you would like the Ride to begin (the “Pick-up Location”) and the drop-off location at which you would like the Ride to end (the “Drop-off Location”). The Pick-up Location must be within the “pick-up area” of the ReachNow Ride Service Area as described in the FAQs (the “Ride Service Area”), and the Drop-off Location must be in a permissible location for Ride drop-offs as described in the FAQs. ReachNow will not accept requests for Rides with multiple stops or drop-offs. After you submit a Ride Request, ReachNow may accept such Ride Request, and, if the Ride Request is accepted, the App will notify you of the expected arrival time of the Driver and Ridesharing Vehicle (the “Estimated Pick-up Time”). In addition, upon ReachNow’s acceptance (if any) of a Ride Request, the App will provide you with a picture of the Driver who will be driving the Ridesharing Vehicle for that particular Ride, a picture of the Ridesharing Vehicle that will be picking you up for that particular Ride, and the vehicle license plate number of the Ridesharing Vehicle that will be picking you up for that particular Ride. Depending on the amount of time between when you would like to make a Ride Request for a Ride and your chosen Estimated Pick-up Time for a Ride, you will use either the “On-Demand Ride” feature of the App or the “Scheduled Ride” feature of the App, as further described in the FAQs.

(b)    Guests. A “Guest” is a person who you allow to join you on a Ride you are taking and a person who you request and pay for a Ride for in a situation where you will not be traveling on such Ride. You may allow up to three (3) Guests to join you on a Ride for no additional cost. You may only request a Ride for a Guest with whom you will not be traveling, if such Guest is over the age of eighteen (18) years of age. If you request a Ride for a Guest and you will not be traveling on such Ride, you must be present at the Pick-up Location when the Ridesharing Vehicle arrives and stay to facilitate the beginning of such Ride.

(c)    Estimated Fare for Rides. The estimated fare for a particular Ride will be clearly displayed on the App during the Ride Request process, prior to your confirming the submission of such Ride Request (a Ride Request is considered confirmed once you select “Request Now” on the App). The estimated fare is based on the route guidance provided by the App and is not guaranteed, as further explained in Section 6.3.

(d)    Driver Dispatch. If ReachNow accepts a Ride Request, the Driver who will provide such Ride will be provided with the phone number that you have on file with ReachNow. You will receive a text message and/or call upon the Driver’s arrival at the Pick-up Location.

(e)    Cancellations of Rides by You. If you cancel a Ride Request for a Ride after the permissible timeframe described in the FAQs or if you are not present at the Pick-up Location within a permissible amount of time after the Estimated Pick-up Time, as further described in the FAQs, ReachNow reserves the right to assess a cancellation fee against you in the amount of the Base Fare, pursuant to Section 6.3 and as further described in the FAQs. The permissible timeframe for cancelling a Ride Request through the “On-Demand Ride” feature of the App and the ‘Scheduled Ride’ feature of the App may differ, as further described in the FAQs.

(f)    No Guarantee of Ride; Cancellations of Rides by ReachNow. Due to numerous factors outside of ReachNow’s control, including, but not limited to, weather, road closures, and traffic, ReachNow does not guarantee that: (i) it will accept a Ride Request, (ii) a Driver and Ridesharing Vehicle will be at a Pick-up Location at the Estimated Pick-up Time, (iii) a Driver will be able to pick you up at the exact Pick-up Location, (iv) a Driver will be able to drop you off at the exact Drop-off Location, (v) you and your Guests, if any, will reach a Drop-off Location by a specific time, or (vi) a Ride will be completed (even if a Ride Request has been accepted by ReachNow). ReachNow will make reasonable efforts to fulfill each Ride for Ride Requests ReachNow has accepted, if such Rides can be completed safely, but ReachNow reserves the right to cancel a Ride Request or Ride without notice if such Ride cannot be reasonably completed.

(g)    Requesting Wheelchair Accessible Rides; Driver Assistance.

(1)    The Ridesharing Vehicles are not wheelchair accessible. If you or a Guest requires a wheelchair accessible vehicle for a ride, you will indicate such need via the App or by calling Member Support at the phone number provided in the FAQs (“Member Support”) and you will use the contact information provided by ReachNow in the FAQs, the App, or from Member Support to connect with a provider of rides who offers wheelchair accessible vehicles. Rides provided by a provider of wheelchair accessible vehicles will be governed by the terms and conditions of such service provider and not by the terms and conditions of this Agreement.

(2)    If you or a Guest is disabled or handicapped (as defined in the Seattle Municipal Code) and require assistance with folding and/or transporting a wheelchair that can be folded and placed in either the passenger, driver, or trunk compartment of the Ridesharing Vehicle, or, if you or a Guest requires assistance with: (i) placing or removing such a wheelchair into or from a Ridesharing Vehicle, (ii) transporting a service animal, or (iii) placing or removing groceries, packages, or luggage into or from a Ridesharing Vehicle, you will inform the Driver of a Ride, and such Driver will provide reasonable assistance.

(h)    Concluding a Ride. At the conclusion of a Ride (when you and any Guests are dropped off at the Drop-Off Location) (the “Ride Conclusion”), you and any Guests will: (i) exit the Ridesharing Vehicle only when it is safe to do so, (ii) exercise caution and good judgment when opening the Ridesharing Vehicle doors and exiting the Ridesharing Vehicle (including being mindful and cautious of other vehicles, bicycles, and pedestrians), and (iii) remove all personal items and possessions from the Ridesharing Vehicle. In addition, upon the Ride Conclusion, you will rate the Ride through the App and you will have the opportunity to add the Driver to your list of preferred Drivers as further described in the FAQs.

(i)    Additional Ridesharing Services Prohibited Uses. All general behavior requirements and prohibited uses described in Section 3.2 apply to use of the Ridesharing Services. In addition, with respect to the Ridesharing Services, neither you nor any Guest (through an act or omission of you) will:

(1)    access a Ridesharing Vehicle other than at the Estimated Pick-up Time of a Ride requested through a Ride Request and accepted by ReachNow (including, but not limited to, hailing a Ridesharing Vehicle and/or Driver from the street or scheduling, booking, or reserving a ride in a Ridesharing Vehicle in any manner other than through a Ride Request or as described in the FAQs);

(2)    access a Ridesharing Vehicle without a Driver being present in the Vehicle;

(3)    interact with a Ridesharing Vehicle or Driver in any manner while you are engaging in unlawful, unsafe, distracting, discriminatory, discourteous, or lewd behavior; or

(4)    impair a Driver’s ability to safely operate a Ridesharing Vehicle in any way.

4.4    Ridesharing Services Insurance and Liability.

(a)    Your Liability in Connection with the Ridesharing Services. To the extent permitted by law, ReachNow reserves the right to hold you fully responsible for all damage, loss, claims and liability arising from your and any Guest’s violation of this Agreement with respect to the Ridesharing Services, including, but not limited to: (a) physical or mechanical damage, (b) loss due to theft, (c) physical damage resulting from vandalism, (d) bodily injury of you, the Driver, a Guest, or a third party, (e) third party claims, (f) actual charges for towing, storage and impound fees paid by ReachNow, and (g) administrative charges, including the cost of appraisal and other costs and expenses incident to the damage or loss (collectively, “Your Ridesharing Services Liability”).

(b)    Insurance Required Per State Law and Municipal Ordinance. ReachNow will maintain insurance coverage in the amounts required pursuant to applicable law in connection with the Ridesharing Services. Such insurance is subject to certain exclusions and limitations as described in the applicable insurance policy or policies. Such insurance coverage maintained by ReachNow may not cover any or all of Your Ridesharing Services Liability. You are encouraged to obtain personal insurance coverage that covers Your Ridesharing Services Liability.

(c)    Ridesharing Services Indemnity. To the extent permitted by applicable law, you will defend, indemnify, hold harmless and reimburse ReachNow and its directors, officers, shareholders, employees and agents from and for all damages, losses, costs or expenses, including attorneys’ fees, incurred by any of such parties or paid by any of them to any person related to Your Ridesharing Services Liability. 1.5    No Guaranty of GPS Accuracy; Route May Change. Drivers will follow the GPS route guidance received from the in-vehicle navigation feature during the Ride. The maps, directions and location advice provided by the GPS in each Vehicle: (a) may not be accurate or the most direct route, (b) are not guaranteed by ReachNow or any other party, and (c) may, in some cases, differ from the maps, directions and location advice on the App. Drivers will use their common sense and best judgment when operating a Vehicle and will not rely solely on the GPS contained within such Ridesharing Vehicle, if it is unsafe to do so.

4.5    No Guaranty of GPS Accuracy; Route May Change. Drivers will follow the GPS route guidance received from the in-vehicle navigation feature during the Ride. The maps, directions and location advice provided by the GPS in each Vehicle: (a) may not be accurate or the most direct route, (b) are not guaranteed by ReachNow or any other party, and (c) may, in some cases, differ from the maps, directions and location advice on the App. Drivers will use their common sense and best judgment when operating a Vehicle and will not rely solely on the GPS contained within such Ridesharing Vehicle, if it is unsafe to do so.

Back to top ↑

 

5.    Carsharing Services.

5.1    Applicability. The below Sections 5.2 through 5.12 pertain to the use of the Carsharing Services. For the avoidance of doubt, if you have not been approved by ReachNow to use the Carsharing Services, then you have no right to use, rent, or operate any Carsharing Vehicle.

5.2    Locating, Reserving, and Accessing an Available Carsharing Vehicle. In order to use or operate a vehicle in connection with the Carsharing Services (each, including, but not limited to, its parts, equipment, and accessories, a “Carsharing Vehicle”) for a period of time (each a “Drive”), you will first locate an available Carsharing Vehicle by using the App, by finding an available Carsharing Vehicle on the street, or by other means made available by ReachNow as further described in the FAQs.

(a)    If you locate an available Carsharing Vehicle by using the App, you may hold such Carsharing Vehicle using the App for a period of time defined by ReachNow as described in the FAQs (each a “Hold Period”). You may then access such Carsharing Vehicle and complete the process using the in-car screen and/or the App in order to start the Carsharing Vehicle and begin a Drive.  If you do not start the Drive for a Carsharing Vehicle by the end of the Hold Period, ReachNow may block you from beginning a Drive in such Carsharing Vehicle for a period of time as further described in the FAQs. ReachNow does not guarantee that a hold request made through the App will be accepted by ReachNow or fulfilled for a particular Carsharing Vehicle. If you locate an available Carsharing Vehicle by finding it on the street, you may proceed to access the Carsharing Vehicle and complete the process inside such Carsharing Vehicle to begin a Drive.

(b)    Reserve. You can also schedule a Drive in connection with Reserve, if available, as described in the FAQs. ReachNow does not guarantee that a reservation request made through Reserve will be accepted by ReachNow or fulfilled for a particular Drive. All terms and conditions in this Agreement applicable to the Carsharing Services apply to Reserve. In addition, there are additional terms and conditions including, but not limited to, certain late fees, that apply to Reserve, as further described in the FAQs.

5.3    Member Key Card; Carsharing Vehicle Access. ReachNow may provide you with a member key card for access to a Carsharing Vehicle (the “Member Key Card”). You may also use the App to access a Carsharing Vehicle; however, you should have the Member Key Card available at all times to access a Carsharing Vehicle (for example if the App does not function optimally, as further described in the FAQs). You may not share your Member Key Card with any other person and will report any loss or damage of the Member Key Card promptly to ReachNow. You are solely responsible for the cost of replacing the Member Key Card, if it is lost or damaged.

5.4    Carsharing Vehicle Inspection Prior to a Drive. Before accessing a Carsharing Vehicle, you will conduct a “walk around check” of the Carsharing Vehicle exterior and a visual inspection of the Carsharing Vehicle interior to check for damage and will report any damage to ReachNow by using the App. If you are unable to report damage through the App for any reason, you must report damage to ReachNow by calling Member Support. Member Support may approve or deny the start of a Drive based on its assessment of the damage. If you fail to report any damage or indicate in the App that no damage was found at the time you began a Drive, ReachNow may charge you for all costs related to the repair of the Carsharing Vehicle for damage found after your use of the Carsharing Vehicle.

5.5    Drive Length and Radius. The duration of a Drive will be within the permissible timeframe described in the FAQs.  Each Drive must begin and end in the “Home Area,” which is the area of the city in which a Drive will begin and end, as shown on the map in the App and the in-car screen, unless otherwise described in the FAQs. There is a daily mileage cap on the number of miles you can drive in a Carsharing Vehicle (the “Daily Mileage Cap”) before additional fees beyond the standard per minute fees or hourly/daily rate caps (as described in the FAQs, the “Rate Caps” and each a “Rate Cap”) will be assessed against you. The Daily Mileage Cap is described in the FAQs. If a Daily Mileage Cap is exceeded on a day during a Drive, you will incur additional costs beyond the applicable Rate Cap for such Carsharing Vehicle use.

5.6    Parking. You will comply at all times with the parking guidelines provided in the FAQs and all applicable municipal or private parking rules in the area in which a Carsharing Vehicle is parked. You can park a Carsharing Vehicle during a Drive without ending a Drive by utilizing the “Park and Come Back” option. However, you will continue to incur Drive Cost charges as described on the FAQs while a Carsharing Vehicle is parked, unless the Drive has been ended.

5.7    Persons Permitted to Operate Carsharing Vehicles; Additional Carsharing Services Prohibited Uses.

(a)    Persons Permitted to Operate Carsharing Vehicles. To the extent permissible by law, you are the only person that will operate a Carsharing Vehicle you rent for a Drive, except that, another ReachNow Member who has been approved by ReachNow to use the Carsharing Services may operate a Carsharing Vehicle you rent for a Drive, if you are a passenger in the Carsharing Vehicle at the time such ReachNow Member is operating such Carsharing Vehicle.

(b)    Additional Carsharing Services Prohibited Uses. All general behavior requirements and prohibited uses described in Section 3.2 apply to use of the Carsharing Services. In addition, no Carsharing Vehicle will be used or operated (by you or by anyone else through an act or omission of you) as follows:

(1)    by anyone other than you, except as permitted pursuant to Section 4.3 of this Agreement;

(2)    by anyone impaired or under the influence of drugs, alcohol, medication or absorbed elements which may affect his or her ability to drive;

(3)    to propel or tow any trailer or other vehicle;

(4)    with the installation or use of winter tire chains;

(5)    to engage in a speed test, vehicle race, vehicle contest, motorsport, vehicle test, driver training, or safety exercises;

(6)    to jump-start any other vehicle;

(7)    except in an emergency, upon roads other than paved public highways or paved or suitable graded private roads or driveways or over bridges posted for a maximum weight of three (3) tons or less;

(8)    while operating devices that require one or both hands while driving, including, but not limited to, cell phones, mobile computers or devices that allow texting or without following any applicable laws relating to mobile phone use;

(9)    while wearing any device that limits the driver’s ability to hear, see, and otherwise judge driving conditions or without following all applicable laws governing headphone use in vehicles;  or

(10)    outside of the United States.

5.8    Ending a Drive. You will end each Drive within the Home Area of the city in which such Drive began (unless the Drive was reserved through the Reserve, in which case you will end the Drive pursuant to the instructions in the FAQs) or as permitted by the FAQs. In order to end a Drive, you will, after safely parking the Carsharing Vehicle and closing the roof and windows, lock the Carsharing Vehicle using your Member Key Card or the App. ReachNow may terminate any Drive without prior notice to you if ReachNow determines, in its sole discretion, that: (a) you have violated this Agreement, (b) there may be fraudulent activity in connection with such Drive, or (c) terminating the Drive is reasonably necessary to protect the rights, safety, or property of ReachNow or a third party.

5.9    Repossession. To the extent permissible by law, a breach of this Agreement may result in repossession of a Carsharing Vehicle by ReachNow, and ReachNow may and is authorized by you to: (a) report a Carsharing Vehicle in your possession as stolen to law enforcement authorities for the issuance of warrants for the arrest of you and any driver of such Carsharing Vehicle, and/or (b) repossess a Carsharing Vehicle in your possession with or without notice. You are responsible for any costs ReachNow incurs in repossessing a Carsharing Vehicle in your possession. To the extent permissible by law, ReachNow may repossess a Carsharing Vehicle, subject to the terms of this Section 5.9, by remotely deactivating the Carsharing Vehicle.

5.10    You May Not Tow Vehicle Without Permission. You may not tow, instruct another to tow, or authorize towing of, any Vehicle without the prior express written permission of ReachNow. You are responsible for all costs, fees and charges that may be incurred by ReachNow (as determined by ReachNow in its sole discretion) due to you towing, or coordinating towing for, a Vehicle without ReachNow’s express written permission.

5.11    Recharging and Refueling.

(a)    Responsibility for Monitoring Sufficiency of Fuel. You will monitor the sufficiency of fuel or electric charge, as applicable, for any Carsharing Vehicle you rent for a Drive, and ReachNow is not responsible if a Carsharing Vehicle is inoperable due to a lack of fuel or electric charge.

(b)    Cost of Recharging and Refueling Carsharing Vehicles. ReachNow will reimburse you for certain costs for recharging and refueling a Carsharing Vehicle, in the amount and in the form described in the FAQs. Any such reimbursement will be subject to the requirements and request process as described in the FAQs. You are responsible for all other fuel and charging costs in connection with the Carsharing Services.

(c)    Remaining Fuel. You will return the Carsharing Vehicle with at least enough fuel or electric charge (as applicable) remaining in the Carsharing Vehicle as required by the FAQs (the “Remaining Fuel”). You are responsible for the cost of the Remaining Fuel.

(d)    Costs Resulting from Improper Charging or Fueling. You will follow the instructions contained in the FAQs for recharging or refueling a Carsharing Vehicle. You are responsible for any costs related to your failure to follow the refueling  or recharging process described in the FAQs and for any costs related to improper charging or fueling of a Carsharing Vehicle, including, but not limited to, charging a Carsharing Vehicle with a charging station, fuel device or method that is incompatible with the Carsharing Vehicle.

(e)    Costs Resulting from Return of Carsharing Vehicle with Inadequate Fuel. If you do not return a Carsharing Vehicle with the amount of fuel or charge required by this Section 5.11, then you will be charged a fuel or electric charge surcharge as described in the FAQs.  

5.12    Carsharing Insurance and Liability.

(a)    Your Carsharing Responsibility. To the extent permitted by applicable law, ReachNow reserves the right to hold you fully responsible for all damage, loss, claims and liability arising from your use of the Carsharing Services, including, but not limited to: (a) physical or mechanical damage, (b) loss due to theft, (c) physical damage resulting from vandalism, (d) bodily injury of you or a third party, (e) third party claims, (f) actual charges for towing, storage and impound fees paid by ReachNow, (g) administrative charges including the cost of appraisal and other costs and expenses incident to the damage or loss, (h) if applicable, Diminished Value and Lost Revenue described in Section 15.1, and (i) if applicable, Diminution in Value and Lost Revenue described in Section 14.1 (collectively, “Your Carsharing Services Liability”). ReachNow will maintain insurance coverage in the amount of the applicable state motor vehicle minimum financial responsibility requirements covering your rental of Carsharing Vehicles for Drives, subject to certain exclusions and limitations as provided below and in the applicable insurance policies. The insurance coverage maintained by ReachNow for the Carsharing Services (the “Carsharing Provided Insurance”) may not be adequate to fully cover your liability. In addition, insurance laws may vary from state to state, and ReachNow recommends that you consult with your insurance agent before using the Services. You are encouraged to obtain personal insurance coverage that covers Your Carsharing Services Liability. When it is determined by ReachNow that you are at fault, ReachNow will first seek recovery from any other insurance available to you that provides coverage for Your Carsharing Services Liability.

(b)    Carsharing Provided Insurance Exclusions and Limitations. To the extent permitted by applicable law, the exclusions from the Carsharing Provided Insurance may include, but are not limited to: (a) damage to a Carsharing Vehicle, (b) losses arising from: (1) your criminal, willful or grossly negligent action or omission in the operation of a Carsharing Vehicle or in connection with your use of the Carsharing Services, or (2) the use of a Carsharing Vehicle in your possession in violation of this Agreement or the Program Rules, or (c) any person’s lost, stolen or damaged property in or from a Carsharing Vehicle.

(c)    Carsharing Services Indemnity. To the extent permitted by applicable law, you will defend, indemnify, hold harmless and reimburse ReachNow and its directors, officers, shareholders, employees and agents from and for all damages, losses, costs or expenses, including attorneys’ fees, incurred by any of such parties or paid by any of them to any person in respect of Your Carsharing Services Liability.

(d)    Application of Graves Amendment. The provision of the Carsharing Provided Insurance does not change the application to ReachNow of federal law protection under the Graves Amendment (49 U.S.C. § 30106), and ReachNow has no vicarious or other liability for you or your actions or omissions.

Back to top ↑

 

6.    Fees, Charges and Payments.

6.1    Sign-Up Fee and Payment Method Preauthorization. ReachNow may require that you pay, contemporaneously with the execution of this Agreement, a one-time sign-up fee (“Sign-Up Fee”), plus any applicable taxes and government surcharges. The Sign-Up Fee is not refundable for any reason, even if ReachNow ceases operations or no longer operates in a Home Area. The Sign-Up Fee does not guarantee that you will: (i) be approved to become a ReachNow Member, or (ii) be approved to use any or any specific Service at any time or for any specific duration of time. The Sign-Up Fee does not cover the cost of using any Services including, but not limited to, the cost of any Drive or Ride. In addition, contemporaneously with the execution of this Agreement and separate from the Sign-Up Fee, if any, ReachNow will preauthorize the credit card or debit card in your name on file with ReachNow (the “Payment Method”) for an amount as described in the FAQs in order to verify that the Payment Method is valid. This preauthorization will cause your credit or funds available through the Payment Method to be decreased by the preauthorized amount until the funds or credit are released. It may take several days or longer for your bank or card issuer to make any excess preauthorized credit or funds available again to you.

6.2    Shared Asset Fee. The Vehicles are shared assets provided by ReachNow for community use. As such, both ReachNow and you have an interest in maintaining the Vehicles in a clean and roadworthy condition, and ReachNow may assess a fee in the amount shown on the FAQs (the “Shared Asset Fee”) in connection with any use of the Services (for example, in connection with a Drive or Ride).

6.3    Ride Cost. The price for a Ride (the “Ride Cost”) is comprised of the following components: (a) the Base Fare as described in the FAQs, (b) the Shared Asset Fee, if any, (c) the cost per minute of duration of the Ride, (d) the cost per mile of the distance of the Ride, and (e) any applicable taxes, government surcharges, and add-ons. Ride Costs depend on several factors including, but not limited to, the route taken between the Pick-up Location and the Drop-off Location, weather conditions, road conditions, traffic conditions, and the level of demand for Services at a particular time. Estimated fares displayed on the App during the Ride Request process are estimates only and are not guarantees. You will consult the FAQs to obtain current pricing information for a Ride prior to confirming a Ride Request.

(a)    Tips. You are not required to tip a Driver in connection with a Ride. Drivers will not request tips.

6.4    Drive Cost. The price for a Drive (the “Drive Cost”) other than for a Drive reserved through Reserve is comprised of the following components: (a) the cost of renting the Carsharing Vehicle for the duration of the Drive (including cost for driving minutes used, Park and Hold (as defined in the FAQs) minutes used, and miles driven), (b) the Shared Asset Fee (if any), and (c) any applicable taxes and add-ons. The Drive Cost for Drives reserved through Reserve will be as described in the FAQs.

6.5    Service Costs May Vary, Prices May Increase or Decrease with Demand; Cancellation Fees. Costs for Services will depend on several factors including, but not limited to, the type of Service, the Carsharing Vehicle model rented (if any), the location of such Carsharing Vehicle (if any), the duration of the Drive or Ride, miles driven by the Vehicle during the Drive or Ride, any optional items selected by you for the Drive or Ride, where available, whether the Vehicle used for such Drive was reserved through Reserve, where the Drive or Ride was started and ended, and any fees incurred related to the Drive or Ride (such as, but not limited to, fees incurred for failing to lock or secure a Vehicle). In addition, Service costs may increase or decrease depending on the level of demand for Services at a particular time. You will consult the FAQs via the App to obtain current pricing information for each use of the Services. The FAQs and the Service Invoice (defined below) may not be inclusive of all costs and charges for which you are responsible in connection with this Agreement. For example, you may be responsible for additional costs related to damage that cannot be anticipated or calculated at the time you request to use the Services and, thus that cannot be listed in the FAQs. A cancellation fee (in an amount as described in the FAQs) may be assessed against you if you cancel any use of the Services outside of the permissible time periods for doing so as described in the FAQs. Any estimated fares provided for any Services will be based on the information provided by you and will not be guaranteed.

6.6    Pre-Authorization and Invoice. Contemporaneously with the beginning of a Hold Period, submitting a Ride Request, or making any other request for Services as further described in the FAQs, ReachNow will preauthorize the Payment Method for an amount as described in the FAQs (if no such pre-authorization amount is provided in the FAQs, the preauthorization amount applicable to this Section 6.6 will be $1.00). Each preauthorization will cause your credit or funds available through the Payment Method to be decreased by the preauthorized amount for the duration of the applicable use of the Services and until any excess funds or credit are released. Upon a Ride Conclusion, after the end of a Drive, or at any other conclusion of use of the Services as further described in the FAQs, the cost of using the applicable Services (for example, the Ride Cost if the Ridesharing Services were used, or the Drive Cost, if the Carsharing Services were used) will be charged to Payment Method and an invoice showing such amounts will be available through the App (each a “Service Invoice”). Contemporaneously with the issuance of the Service Invoice, any excess preauthorized funds will be released. It may take several days or longer for your bank or card issuer to make any excess preauthorized credit or funds available again to you. The actual amounts due to ReachNow in connection with the use of any of the Services may exceed the preauthorized amount due to factors such as the actual length of time of the use of the applicable Services (such as the length of a Drive or Ride) or the number of miles driven by the applicable Vehicle during the applicable use of the Services (such as during the Drive or Ride). The charges shown on each Service Invoice are subject to ReachNow’s review and recalculation. You will pay any undercharges and will receive a refund for any overcharges. Amounts due that may not be immediately known to ReachNow at the time a Service Invoice is issued (such as amounts due for damage or Tolls) will be billed to you separately from the Service Invoice.

6.7    Your Responsibility for All Amounts Due. You are responsible for paying all other amounts due, as described in this Agreement, including, but not limited to, Ride Costs, Drive Costs, Violations, Processing Fees, any applicable amounts listed in the FAQs, all amounts for which you are responsible in the case of damage, loss, bodily injury or third party claims as described in Sections 4.4 and 5.12, and any applicable taxes or government surcharges on any amount due. If you do not timely pay any amount for which you are responsible, ReachNow may terminate this Agreement as provided in Section 10.2 and ReachNow may engage a third party collection company as described further in Section 6.12 below to the extent permitted by law.

6.8    Permission to Automatically Charge Amounts Due to the Payment Method. Subject to applicable law, by entering into this Agreement, you authorize ReachNow (or a third party appointed by ReachNow pursuant to Section 6.10, Section 6.12 or Section 6.14) to charge all amounts due under this Agreement to the Payment Method. You are responsible for any credit card or debit card declination fees. Prepaid cards may not be used for payment.

6.9    Late Payment Fee. All amounts due under this Agreement will be due immediately once incurred, and you agree to pay all amounts promptly when they are due. If any amount due under this Agreement is not paid within thirty (30) days after the due date for payment, ReachNow may charge a late fee of the lesser of five percent (5%) of the late payment or the highest amount permitted by applicable law, which is a reasonable estimate of ReachNow’s costs in administering such late payment, including any collections costs which may include, but may not be limited to, insufficient funds fees, reasonable attorney’s fees, and all court costs.

6.10    Responsibility for Violations and Processing Fees. You are solely responsible for any and all applicable fees, fines, tickets, citations, and violations (including, but not limited to, parking, speeding or criminal offenses) and any resulting or related fines, fees, expenses, penalties or other amounts due, incurred in connection with a Drive, including, in each case, any applicable taxes or government surcharges related thereto (collectively, “Violations”). You will report any Violation incurred during your possession of a Vehicle within twenty-four (24) hours. You will be responsible for payment of all Violations and may also be charged a reasonable estimation of ReachNow’s cost (or a third party company appointed by ReachNow’s cost) of administering the payment of each Violation (“Processing Fees”). Processing Fee amounts are subject to change from time to time and without notice. ReachNow or a third party company engaged by ReachNow will attempt to notify you regarding any Violations incurred by you, within a reasonable period of time from ReachNow being notified of such Violation(s). Violations and any related Processing Fees will be charged to your Payment Method contemporaneously with such notification. For the avoidance of doubt, Violations incurred in connection with the use of Services (such as in connection with a Drive or Ride) and related Processing Fees may be charged to the Payment Method within a reasonable period of time after the conclusion of the applicable use of the Services and without advance notice, as further described in the FAQs.

6.11    Responsibility for Tolls. You are responsible for all tolls in connection with your use of the Services, including, but not limited to, any fines for toll evasion, and other related fines, fees, penalties, and applicable taxes (collectively, “Tolls”) assessed against you or ReachNow in connection with your use of the Services as described in the FAQs.

6.12    Payment Defaults; Third Party Collection. You expressly consent and agree that ReachNow may charge the Payment Method (including, but not limited to, without advance notice to you) in order to collect on any amounts due under this Agreement. In addition, amounts due that are not paid within thirty (30) days after the date due for payment will be referred for collections. You expressly authorize, agree, and specifically consent to allowing ReachNow and/or its outside collection agencies, outside counsel, or other agents to contact you in connection with any and all matters relating to unpaid past due charges billed by ReachNow to you pursuant to the terms of this Agreement and to access the personal information provided to ReachNow by you (including, but not limited to, the Payment Method) and any other information that ReachNow may determine is necessary in ReachNow’s sole discretion, in order to collect on any fees or any other amounts due under this Agreement that are not paid within thirty (30) days after the date due for payment.

6.13    Methods of Contacting You. You agree that contact by or on behalf of ReachNow may be made to any mailing address, telephone number, cellular phone number, e-mail address, or any other electronic address that you have provided to ReachNow or may in the future provide to ReachNow. You agree and acknowledge that any e-mail address or any other electronic address that you provide to ReachNow is your private address and is not accessible to unauthorized third parties. You agree that in addition to individual persons attempting to communicate directly with you, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system. You agree that any telephone and cellular phone calls may be monitored and/or recorded by or on behalf of ReachNow in furtherance of the Services. It is your responsibility to ensure ReachNow has valid and current contact information for you.

6.14    Authorization to Release Payment, Contact, and Rental Information. You authorize ReachNow to release your payment, contact, and Service use information, including, but not limited to, your Payment Method details, to: (a) any third party ReachNow appoints to assist ReachNow in facilitating the Services and any of ReachNow’s third-party service providers, including, but not limited to, any third parties ReachNow appoints to assist ReachNow in the collection or processing of any amounts you owe ReachNow or any charging authorities under this Agreement, (b) any charging authorities to whom you owe any amounts as described in Section 6 or elsewhere in this Agreement, and (c) any party as required by law.

Back to top ↑

 

7.    Child Safety Seats; Removal of Personal Items; No Modification or Repairs.

7.1    Child Safety Seats. You are responsible for: (a) determining if a passenger requires a child safety seat in connection with the use of the Services (including if there is a legal requirement that requires a particular passenger to be transported in a child safety seat for a particular use of the Services), and (b) providing and properly installing one or more legally-compliant child safety seats in a Vehicle prior to use of the Services if one or more is required in order to comply with applicable law. You assume full responsibility for the installation of any child safety seat(s) in any Vehicle, including, but not limited to the following: (a) such child safety seat meeting or exceeding (and being installed in compliance with) any applicable legal or regulatory requirements; (b) installing such child safety seat pursuant to the seat manufacturer’s and Vehicle manufacturer’s instructions; (c) placing and buckling a child into such child safety seat pursuant to the seat manufacturer’s instructions; and (d) any and all damage to a Vehicle resulting from the installation of a child safety seat into a Vehicle.

7.2    Removal of Personal Items. You will remove all personal items and possessions from the Vehicle at the end of each use of the Services. If you, any Guest, or any passenger leaves any personal items in a Vehicle after a use of the Services has ended, ReachNow may attempt to retrieve the items and return them to you through the system for retrieval of lost articles as described in the FAQs; however, ReachNow is under no obligation to attempt to retrieve or return such items and, ReachNow in no event, will be responsible for any damage to or loss of such items. In addition, ReachNow may charge a fee to you, in an amount described in the FAQs, prior to attempting to retrieve and return such items.

7.3    No Modifications or Repairs. You may not make any modifications or repairs to a Vehicle without the prior express written permission of ReachNow. In addition, you may not remove any decal, sticker, permit, hanging tag or similar item from a Vehicle without the express written permission of ReachNow. You are responsible for all costs, fees and charges that may be incurred by ReachNow (in its sole discretion) due to any modifications you make to a Vehicle or your removal of any decal, sticker, permit, hanging tag or similar item resulting from your use of the Services.

Back to top ↑

 

8.    Incident Reporting; Cooperation with Loss Investigation.

8.1    Reporting of Accidents. You will report the occurrence of any accident, damage or loss, including theft, of a Vehicle in connection with your use of the Services to ReachNow and to the local law enforcement agency as soon as you become aware of such incident; however, at minimum, you will report any such incident to ReachNow or the police no later than twelve (12) hours after learning of such incident. As part of such report, you will provide a written description of the incident, photos of all damage and the insurance information of the other parties involved, if applicable. You will promptly provide a copy of such report to ReachNow. You will make a reasonable effort to obtain evidence from any witnesses to the incident, if applicable. Failure to report an accident or any damage to ReachNow will be considered a violation of this Agreement.

8.2    Roadside Assistance. As soon as safely practicable, after an incident involving a Vehicle (including, but not limited to, any mechanical problem with a Vehicle), you will follow the roadside assistance procedures as described in the FAQs. Failure to follow such roadside assistance procedures will be considered a violation of this Agreement. You are responsible for all costs associated with returning a Carsharing Vehicle to the Home Area including, but not limited to, towing, tire repair or replacement, if ReachNow procedures and roadside assistance are not followed.

8.3    Cooperation with Loss Investigation. You agree to fully cooperate in any investigation that ReachNow may choose to conduct, either by itself or through a third party appointed by ReachNow if there is an incident in connection with the Services. You will immediately send each request, demand, order, notice, summons or other pleading you receive in connection with any incident involving a Vehicle to ReachNow. You will not assume any obligation, make or commit to make any payment or incur any expense on ReachNow’s behalf without ReachNow’s prior written consent.

Back to top ↑

 

9.    Disclaimers.

9.1   DISCLAIMER OF WARRANTIES. YOU ACCEPT THE CONDITION OF ANY VEHICLE “AS IS” AND REACHNOW EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO ANY VEHICLE INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9.2   DISCLAIMER OF LIABILITY. REACHNOW IS NOT LIABLE FOR ANY AND ALL LOSSES INCURRED OR SUSTAINED BY, OR IMPOSED UPON, REACHNOW BASED UPON, ARISING OUT OF, WITH RESPECT TO, OR BY REASON OF YOUR, ANY PASSENGER’S, OR ANY GUEST’S CRIMINAL, WILLFUL, OR GROSSLY NEGLIGENT ACTION OR OMISSION IN CONNECTION WITH THE SERVICES.

9.3   DISCLAIMER OF RESPONSIBILITY FOR PERSONAL PROPERTY.

REACHNOW IS NOT LIABLE FOR ANY PERSON’S LOST, STOLEN, OR DAMAGED PROPERTY IN OR FROM A VEHICLE.

9.4   DISCLAIMER OF LIABILITY FOR CHILD SAFETY SEATS. REACHNOW DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LIABILITY RELATED OR CONNECTED TO THE INSTALLATION OF A CHILD SAFETY SEAT BY YOU OR A PASSENGER INTO A VEHICLE.

9.5   DISCLAIMER OF SPECIAL, CONSEQUENTIAL AND OTHER DAMAGES. REACHNOW IS NOT LIABLE FOR ANY AND ALL INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, LOSS OF INCOME, LOSS OF PROFITS, INCONVENIENCE, CONSEQUENTIAL OR OTHER DAMAGES SUSTAINED AS A RESULT OF AN INTERRUPTION OF SERVICES TO BE FURNISHED BY REACHNOW.

9.6   NO DISCLAIMER OR LIMITATION IN CONTRAVENTION WITH LAW. NOTHING IN THIS SECTION 9 DISCLAIMS ANY WARRANTY THAT CANNOT BE DISCLAIMED PURSUANT TO APPLICABLE LAW. NOTHING IN THIS SECTION 9 LIMITS OR DISCLAIMS ANY LIABILITY THAT CANNOT BE LIMITED OR DISCLAIMED PURSUANT TO APPLICABLE LAW.

Back to top ↑

 

10.    Term; Termination of Membership.

10.1    Term.  This Agreement will commence on the date of your E-Signature and will continue in effect for one (1) year, unless earlier terminated as provided herein, and will automatically renew for subsequent periods of one (1) year unless earlier terminated as provided herein.

10.2    Termination of Agreement.  This Agreement will be terminated as follows:

(a)    If you contact Member Support to give ReachNow not less than thirty (30) days’ prior notice and return your Member Key Card, if any;

(b)    Immediately, in ReachNow’s sole discretion, if you:

(1)    fail to meet the Ridesharing Eligibility Criteria;

(2)    fail to abide by the terms of this Agreement (including, but not limited to, your failure to pay any of the amounts due under this Agreement by the applicable due date); and

(3)    provide false, fraudulent, misleading, or inaccurate information to ReachNow at any time, including, but not limited to, in connection with requests to use any Services.

10.3    Effect of Termination of Agreement.  Upon termination, any and all rights to use the Services, including any right to possess or operate a Carsharing Vehicle (if any), will immediately terminate, you will no longer be a ReachNow Member, and you will immediately return any Vehicle in your possession to ReachNow.

10.4    Termination of Permission to Use the Carsharing Services and Reserve. Your permission to use the Carsharing Services and Reserve will be immediately terminated, if at any point you fail to meet the Carsharing Eligibility Criteria, as determined by ReachNow in its sole discretion. If your permission to use the Carsharing Services and Reserve is terminated, you may still be eligible to use the Ridesharing Services if the Agreement has not been terminated pursuant to Section 10.2 above.

Back to top ↑

 

11.    Personal Information and Use of GPS and Telematics.

11.1    Access to Telematics Information by ReachNow and Third Parties. You acknowledge and agree that the operation of the ReachNow business and provision of the Services is facilitated by tracking and that ReachNow has an interest in tracking and locating the whereabouts of each Vehicle and monitoring the level of each Vehicle’s electric charge and fuel level in accordance with this Section and the ReachNow Privacy Policy. Each Vehicle is equipped with GPS tracking systems and other telematics tracking systems and, to the extent permissible by law, ReachNow, its Affiliates, and third parties appointed by ReachNow may monitor and retain each Vehicle’s location, electric charge status, fuel level, mileage and other Vehicle and driving information at any time. In addition there may be third party operators of the GPS or telematics systems, or affiliates of such third parties who may also have access to the location of each Vehicle or access to other information supplied by the GPS or telematics system in each Vehicle. You acknowledge and agree that you do not have any expectation of privacy while using a Vehicle, including location privacy, route privacy, speed privacy or privacy in a Vehicle’s operational systems. ReachNow may change the way in which it monitors the Vehicle’s GPS or telematics systems at any time and will notify you of such change. In addition, you acknowledge and agree that ReachNow may collect information about you through the App, including, but not limited to, information about your location.

11.2    Anonymous Telematics Information May be Used for Business and Research Purposes and as Required by Law. Information gained from GPS and other telematics tracking systems while a Vehicle is in your possession may be retained and used in an anonymous basis by ReachNow, its Affiliates, and third parties appointed by ReachNow for business or research purposes related to improving ReachNow products and services, and, such information may also be disclosed to third parties as required by law.

11.3    No Guaranty of Accuracy. The maps, directions and location advice provided by the GPS in each Vehicle may not be accurate and are not guaranteed by ReachNow or any other party. You will use your common sense and best judgment when operating a Carsharing Vehicle and should not rely solely on the GPS contained within such Carsharing Vehicle.

Back to top ↑

 

12.    Dispute Resolution.

12.1    Binding Mutual Arbitration. Any dispute, claim or controversy in connection with, arising out of or relating to your use of or request to use any Services, this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate (a “Dispute”), will be determined by arbitration in your state of residence before a single arbitrator. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with AAA Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This provision will not preclude Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

12.2    Conduct of Arbitration. The arbitration will be commenced by the claimant Party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing Party. Within thirty (30) calendar days of the date the demand for arbitration is filed, the Parties will select an arbitrator by following the AAA Consumer Arbitration Rules’ appointment procedures. Except as may be required by law, neither Party nor the arbitrator may disclose the existence, content or results of any arbitration under this Agreement without the prior written consent of both Parties. The arbitrator’s award will be in writing accompanied by a reasoned opinion and a written statement of the essential findings and conclusions on which the award is based.

12.3    Costs. The arbitrator will determine how the costs and expenses of the arbitration will be allocated between the Parties and may award attorneys’ fees.

12.4    Remedies. The arbitrator will have the power to award any party any remedies that would be available to that party in his or her individual capacity in a court of law for the claims presented to and decided by the arbitrator.

12.5    Arbitration is on an Individual Basis Only; Class Action Waiver. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE ARBITRATOR’S POWER TO RULE ON HIS OR HER OWN JURISDICTION AND THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE, THE ARBITRATOR HAS NO POWER TO RULE ON THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS SECTION 12 WILL REMAIN IN FORCE.

12.6    Applicable Law. This Agreement and the rights of the Parties hereunder will be governed by and construed in accordance with the laws of the State of Washington, exclusive of conflict or choice of law rules. However, to the extent that any provision of this Agreement is contrary to an applicable state law in a state in which you begin a Drive, the applicable state law in the state in which you begin a Drive will govern, and the contrary provision of this Agreement will not apply to you in such jurisdiction in connection with such Drive, exclusive of conflict or choice of law rules. The Parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding sentence with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

Back to top ↑

 

13.    Miscellaneous.

13.1    No Agency. You are in no way the agent of ReachNow in possessing, using or operating a Vehicle or using the Services.  Nothing in this Agreement will be construed to create a partnership, joint venture, agency or employment relationship between ReachNow and you. You will have no authority to enter into agreements of any kind on behalf of ReachNow or otherwise bind or obligate ReachNow in any manner to any third party, by virtue of the relationships contemplated by this Agreement.

13.2    No Assignment. You will not assign this Agreement or any rights or responsibilities under this Agreement to any other party. Notwithstanding anything to the contrary in this Agreement, ReachNow may assign or transfer any of its rights, duties, or obligations under this Agreement to a ReachNow Affiliate and/or may have any of its rights, duties, or obligations under this Agreement be performed by an Affiliate or a third party appointed by ReachNow. “Affiliate” means any person or company which controls, is controlled by, or is under common control with, ReachNow, including any holding company or any subsidiary of ReachNow. In addition, ReachNow may assign or transfer any of its rights, duties, or obligations under this Agreement in connection with a Change of Control. A “Change of Control” means the occurrence of any of the following events: (i) the sale of all or substantially all of the assets of ReachNow; (ii) any merger, consolidation, or acquisition of ReachNow with, by, or into another entity; or (iii) any change in the ownership of more than fifty percent (50%) of the membership interests of ReachNow in one or more related transactions

13.3    Headings; Number and Gender; “Including”. The headings in this Agreement are for reference only and will not affect the interpretation of this Agreement. Whenever the context requires, references in this Agreement to the singular number includes the plural, the plural number includes the singular and words denoting gender include the masculine, feminine, and neuter. Unless the context requires otherwise, the term “including” means “including but not limited to.”

13.4    Severability.  If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

13.5    No Third-Party Beneficiaries.  This Agreement is for the sole benefit of the Parties and nothing in this Agreement, express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

13.6    Amendment and Modification; Waiver.  ReachNow may amend or modify, in whole or in part, this Agreement and/or the Program Rules at any time in its sole discretion. Continued use of the Services constitutes consent to such amendments and modifications. No failure of ReachNow to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver of such provision or preclude any other or further exercise of such provision or the exercise of any other right, remedy, power or privilege by ReachNow.

13.7    Contacting ReachNow.  ReachNow may be contacted for all communications related to this Agreement using the contact information on the App or Website, unless a particular method of communication is required for certain communications as described in this Agreement, in which case such required communication method must be used.

13.8    Electronic Document and Signature. For contractual purposes, you: (a) consent to receive communications from ReachNow in electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures and any other communications that ReachNow provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a print-on-paper writing. By selecting “Next” on the App slide where you create your password, you are signing this Agreement electronically (your “E-Signature”), and such selection constitutes your legal signature, acceptance and agreement, as if this Agreement were actually signed by you in writing. You also agree that no certification, authority, or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and ReachNow.

13.9    Survival. Sections 4.4, 5.9, 5.11, 5.12, 6.1-6.3, 6.7, 6.9-6.12, 6.14, 8.3, 9, 12-15 will survive termination of this Agreement.

Back to top ↑

 

14.    Oregon Addendum. If you begin a Drive in the State of Oregon, the following provisions in this Section 14 apply and, to the extent these provisions conflict with the terms contained in Sections 1 through 13 above, will supersede those terms:

14.1    Responsibility for Lost Revenue and Diminution in Value. If any damage or loss is caused by your criminal, willful, or grossly negligent act or omission in the operation of a Carsharing Vehicle, ReachNow may hold you responsible for reimbursing ReachNow for: (a) Lost Revenue that may occur, as determined by ReachNow in its sole discretion, if there is any damage or loss that occurs during your possession of a Carsharing Vehicle that prohibits ReachNow from renting such Carsharing Vehicle to others while such Carsharing Vehicle is being repaired, and (b) Diminution in Value related to your possession of a Carsharing Vehicle. As used herein, “Diminution in Value” means the difference between the market value of a Carsharing Vehicle immediately before and immediately after the injury to the Carsharing Vehicle, and “Lost Revenue” means a reasonable estimate of all rental revenue ReachNow will lose because of damage to or loss of a Carsharing Vehicle.

14.2   CHILD SAFETY SEATS. OREGON STATE LAW REQUIRES ALL CHILDREN UNDER THE AGE OF EIGHT, UNLESS A CHILD IS FOUR FEET NINE INCHES OR TALLER, TO BE RESTRAINED IN A FEDERALLY APPROVED CHILD RESTRAINT SYSTEM OF THE TYPE REQUIRED PURSUANT TO OREGON LAW FOR THEIR AGE, WEIGHT, AND HEIGHT AS SET FORTH IN ORS 811.210. ADDITIONAL INFORMATION RELATED TO THE TRANSPORTATION OF CHILDREN UNDER 16 YEARS OF AGE IS SET FORTH IN ORS 811.210, AS MAY BE AMENDED FROM TIME TO TIME.

14.3    WARNING: FAILURE TO RETURN A RENTAL VEHICLE MAY CONSTITUTE A CLASS C FELONY IN THE STATE OF OREGON UNDER ORS 164.138, AS MAY BE AMENDED FROM TIME TO TIME.

Back to top ↑

 

15.    Washington Addendum. If you begin a Drive in the State of Washington, the following provisions in this Section 15 apply, and to the extent these provisions conflict with the terms contained in Sections 1 through 13 above, will supersede those terms:

15.1    Responsibility for Lost Revenue and Diminished Value. If any damage or loss is caused by your criminal, willful, or grossly negligent act or omission in the operation of a Carsharing Vehicle, ReachNow may hold you responsible for reimbursing ReachNow for: (a) Lost Revenue that may occur, as determined by ReachNow in its sole discretion, if there is any damage or loss that occurs during your possession of a Carsharing Vehicle that prohibits ReachNow from renting such Carsharing Vehicle to others while such Carsharing Vehicle is being repaired, and (b) Diminished Value related to your possession of a Carsharing Vehicle. As used herein, “Diminished Value” means the difference between the value of a Carsharing Vehicle when you take possession of such Carsharing Vehicle and the value after any repairs necessitated by your possession of such Carsharing Vehicle (as determined in ReachNow’s sole discretion), and “Lost Revenue” means a reasonable estimate of all rental revenue ReachNow will lose because of damage to or loss of a Carsharing Vehicle.

15.2    WARNING: FAILURE TO RETURN A RENTAL VEHICLE MAY CONSTITUTE A CLASS B FELONY IN THE STATE OF WASHINGTON UNDER RCW 9A.56.068 OR RCW 9A.56.096, AS BOTH MAY BE AMENDED FROM TIME TO TIME.

15.3   CHILD SAFETY SEATS. WASHINGTON STATE LAW REQUIRES ALL CHILDREN UNDER THE AGE OF EIGHT TO BE RESTRAINED IN A CHILD RESTRAINT SYSTEM, IF THE PASSENGER SEATING POSITION EQUIPPED WITH A SAFETY BELT SYSTEM ALLOWS SUFFICIENT SPACE FOR INSTALLATION, UNLESS THE CHILD IS FOUR FEET NINE INCHES OR TALLER. THE CHILD RESTRAINT SYSTEM MUST COMPLY WITH STANDARDS OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION AND MUST BE SECURED IN THE VEHICLE IN ACCORDANCE WITH INSTRUCTIONS OF THE VEHICLE MANUFACTURER AND THE CHILD RESTRAINT SYSTEM MANUFACTURER. ADDITIONAL INFORMATION RELATED TO THE TRANSPORTATION OF CHILDREN UNDER 16 YEARS OF AGE IS SET FORTH IN RCW 46.61.687, AS AMENDED FROM TIME TO TIME.

Back to top ↑