Terms and Conditions
ReachNow PROTECT Damage fee waiver AGREEMENT (“waiver agreement”)
Last Updated: [12/03/2018]
NOTICE: This Waiver Agreement offers, for an additional charge, a waiver to cover your responsibility for the Damage Fee (as defined below). Before deciding whether to purchase the waiver, you may wish to determine whether your own vehicle insurance or insurance provided through a credit card of yours affords you coverage for damage to the Carsharing Vehicle (as defined below) and the amount of the deductible under your own insurance coverage. The purchase of this waiver is optional and is not mandatory.
- This ReachNow Protect Damage Fee Waiver Agreement (the “Waiver Agreement”) is by and between ReachNow, LLC d/b/a ReachNow (“ReachNow”) and the person accepting this Waiver Agreement with such person’s E-Signature (as defined below) (“you”). By accepting this Waiver 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 Waiver Agreement. This Agreement is effective as of the date of your E-Signature (as defined below).
- ReachNow is offering damage fee waivers (“DFW” or “DFWs”) for purchase by eligible ReachNow Members (“Member” or “Members” or “you”) who have accepted the terms of the ReachNow Mobility Services Membership Agreement (the “Membership Agreement”). For an additional charge, eligible Members have the option to purchase a DFW in order to have waived the Member’s financial responsibility for the damage fee (the “Damage Fee”, as further described in the Pricing section of the App) that may be assessed following the occurrence of damages arising from the Member’s use of ReachNow vehicles (each, a “Carsharing Vehicle”) in connection with the Carsharing Services as defined in the Membership Agreement. You have no obligation to purchase a DFW. The purchase of a DFW is optional and may be declined. A DFW is not insurance and does not provide or alter insurance coverage that you may have through ReachNow or otherwise. Before purchasing a DFW, you should check if you already have rental collision coverage through your credit card or personal vehicle insurance policy that would cover the cost of damage you may cause to a Carsharing Vehicle. If you do have rental collision coverage, purchase of a DFW may be unnecessary, as ReachNow may chose not to assess the Damage Fee, regardless of whether you have purchased the DFW.
- By purchasing an optional DFW, you can eliminate the applicable Damage Fee. If you purchase a DFW and operate a ReachNow Carsharing Vehicle, ReachNow will waive your responsibility for the applicable Damage Fee. A DFW applies only to the specific time period you purchased the DFW for and does not apply to use of Carsharing Vehicles reserved by another ReachNow Member, even if you are driving such Carsharing Vehicle. The purchase of a DFW is non-refundable, and the DFW will not be applied if you have violated any of the terms or conditions of this Waiver Agreement or the Membership Agreement.
- The cost of the DFW may vary based upon, among other things, the term and type of DFW payment plan elected (annual or monthly), membership location, and other factors. For annual or monthly waivers, the DFW is limited to the period stated at the time of purchase; after which, if you elect not to renew or repurchase or cancel a DFW, you will be once again responsible for the full Damage Fee to the extent the full cost of damages are greater than the Damage Fee and the full cost of the damage cannot be recovered from other sources such as insurance you may have.
- The elimination of responsibility for the Damage Fee through the purchase of a DFW will not apply, and previously purchased DFWs may be terminated by ReachNow, if you (1) use the vehicle in violation of the Membership Agreement or this Waiver Agreement, including, but not limited to, if you permit a non-Member to drive, engage in any prohibited use of a Carsharing Vehicle, or, purposely or through gross negligence (e.g., by putting the wrong type of fuel in a vehicle), damage a Carsharing Vehicle or third party property; (2) have had your membership with ReachNow suspended or terminated by ReachNow; (3) fail to close and lock all windows, doors and trunk and the vehicle is stolen, damaged or vandalized; (4) fail to notify ReachNow after an incident or loss as required by the Membership Agreement; or (5) fail to pay any amount due under the Membership Agreement or this Waiver Agreement.
- Annual and monthly DFWs renew automatically. Your credit card will be automatically charged monthly or annually, depending upon the DFW selected by you, when due. DFWs are optional. DFWs may be opted-out of at any time from your account page on the ReachNow Shopify website. As part of this Agreement, you expressly affirm and consent to the automatic and/or recurring charge to your credit card for the DFW.
- This Waiver Agreement will commence on the date of your E-Signature and will continue in effect for the specific time period the DFW you purchased is effective for and will automatically renew for subsequent monthly or annual periods specified at the time of purchase of the DFW, unless earlier terminated as provided herein.
- This Waiver Agreement will be terminated as follows:
- At the end of the term of the current DFW purchased by you,
- by you cancelling your renewal of a DFW prior to the next scheduled auto-renewal; provided, however, the DFW will continue to be in effect through the end of the term of your then-effective DFW;
- Immediately, in ReachNow’s sole discretion, if you:
- fail to abide by the terms of the Membership Agreement or this Waiver Agreement, including, but not limited to, if you use a Carsharing Vehicle in violation of the Membership Agreement, permit a non-Member to drive, engage in any prohibited use of a Carsharing Vehicle or, purposely or through gross negligence (e.g., by putting the wrong type of fuel in a vehicle), damage a Carsharing Vehicle or third party property;
- have your membership suspended or terminated by ReachNow;
- fail to close and lock all windows, doors and trunk and the vehicle is stolen, damaged or vandalized;
- fail to notify ReachNow after an incident or loss as required by the Membership Agreement; or
- fail to pay any amount due under the Membership Agreement or this Waiver Agreement.
- 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 web page or App slide where you elect to purchase the DFW, you are signing this Waiver Agreement electronically (your “E-Signature”), and such selection constitutes your legal signature, acceptance, consent and agreement to the terms and conditions herein, as if this Waiver 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.
- ReachNow may amend or modify, in whole or in part, this Waiver Agreement. Continued renewal and purchase of the DFWs 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 Waiver 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.