This Agreement was last revised on January 18, 2017, and was first made effective on December 4, 2010.
This Agreement applies to all visitors, users, and others who access the Service ("Users"). If you are using or opening an Account with Company on behalf of a company, entity, or organization (each a “Business”) then (i) your use of the Services are subject to, in addition to these Terms, the Business Terms & Conditions (“Business Terms”) incorporated herein by reference, and (ii) you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind such entity to these Terms and the Business Terms; (ii) have read these Terms and the Business Terms; (iii) understand these Terms and the Business Terms, and (iv) agree to these Terms and Business Terms on behalf of such Business.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU UNDERSTAND AND AGREE THAT GETAROUND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN RENTERS AND OWNERS, NOR IS GETAROUND A TRANSPORTATION SERVICE, AGENT, OR INSURER. GETAROUND HAS NO CONTROL OVER THE CONDUCT OF RENTERS OR OWNERS AND OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement, we will update the last modified date at the top of this page. If there are material changes to this Agreement, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
This Service is intended solely for licensed drivers nineteen (19) years of age or older, and any registration, use, or access to the Service by anyone under 19 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Getaround, unless Getaround has given you written notice of reinstatement. All Users must pass our Renter and Vehicle Eligibility Requirements and must provide all necessary and complete documentation for determining eligibility throughout your use of the Service, as may be determined and requested by Getaround in its sole discretion. You acknowledge and agree that Getaround may change its Renter and Vehicle Eligibility Requirements at any time and for any reason.
Parts of our Service requires that you open a user account (“Account”). In order to rent a vehicle from another User on Getaround, you will need to apply for a "Renter" Account. In order to rent your vehicle to another User on Getaround, you will need to apply for an "Owner" Account.
As used in this Agreement, “Owner” shall mean any User that establishes an “Owner” Account and submits a vehicle that meets all of the eligibility requirements set forth in this Agreement and the Renter and Vehicle Eligibility Requirements, incorporated herein by reference, to be rented through or via the Service.
As used in this Agreement, “Renter” shall mean any User that establishes a “Renter” Account, which would allow such User to rent a vehicle through or via the Service.
By applying for a Renter or Owner Account, you give us permission to disclose the information you provide on your application to third parties for verification purposes and to obtain additional information about you. Getaround may accept or reject Renter or Owner Account applications, in our sole discretion, for any reason. If you are accepted for a Renter and/or Owner Account, you acknowledge and agree to abide by this Agreement and the Renter and Vehicle Eligibility Requirements which are applicable to your particular type of Account.
Users with a Renter or Owner Account are collectively referred to in this Agreement as "Members." Your Member Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. Each transaction in which a Renter rents a vehicle from an Owner via the Service is referred to in this Agreement as a "Rental."
Unless you are creating a Business Account, you acknowledge and agree as follows:
When applying for and creating your Account, you must provide accurate and complete information and keep such information updated and accurate throughout the term of this Agreement. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify Getaround immediately of any breach of security or unauthorized use of your Account. Getaround will not be liable for any losses caused by any unauthorized use of your Account.
You may control your Member profile and how you interact with the Service by changing the options in your Settings page. By providing Getaround your email address, you consent to our using of the email address to send you Service-related email, including any notices required by law, in lieu of communication by postal mail. By providing Getaround your cell phone number, you consent to our using of the phone number to send you Service-related SMS messages. You may not opt out of Service-related emails or SMS messages. BY SIGNING UP FOR AN ACCOUNT ON GETAROUND AND PROVIDING YOUR PHONE NUMBER, YOU AGREE TO RECEIVE TEXT MESSAGES FROM US. We may also use your email address and/or cell phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences on your Settings page. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots, "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Getaround servers than a human can reasonably produce in the same period of time using a conventional online web browser, except that Getaround grants the operators of public search engines revocable permission to use spiders to copy materials from Getaround.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including Account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict the use or copying of any content, or enforce limitations on use of the Service or the content therein.
Getaround may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if, in Getaround's sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. All aspects of the Service are subject to change or elimination at Getaround's sole discretion. Getaround reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Getaround will not be liable to you for any interruption of the Service, delay, or failure to perform.
If you are an Owner, you agree to our Owner Policy incorporated herein by reference. If you are an Owner, by accessing or using the Service, you signify that you have read, understood, and agree to be bound by the Owner Policies and Procedures. If you are a Renter, you agree to our Renter Policy incorporated herein by reference. If you are a Renter, by accessing or using the Service, you signify that you have read, understood, and agree to be bound by the Renter Policies and Procedures.
If you are using the Service as an Owner and your vehicle requires the installation of a Getaround Connect™ device, your use of the Services are subject to, in addition to these Terms, the Connect™ Terms and Conditions (the “Connect Terms”) incorporated herein by reference.
Additionally, as an Owner, you represent and warrant that (i) you own or have all the necessary rights, consents, and authority to permit the vehicle you submit to be used as contemplated by the Service; and (ii) the use of the vehicle you submit as contemplated herein will not violate any rights of a third party or any agreement with respect to such vehicle, including any leasing or financing agreement.
When you use the Service to transact a Rental, the Service will present you with a page confirming the details of the Rental (the "Rental Confirmation"). By clicking "I Agree" (or any other means of acceptance presented by the Service), you agree to the terms of that Rental, and the Rental Confirmation becomes part of this Agreement.
Both Renters and Owners are required to submit feedback to the Service following the completion of each Rental. We may block you from any further use of the Service until you have submitted such feedback.
Some areas of the Service may allow Users to post feedback, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as "User Content"). You retain ownership of your User Content. You are solely responsible for the User Content that you upload, publish, display, link to, or otherwise make available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that Getaround does not guarantee any confidentiality with respect to any User Content.
You agree not to post User Content, or take any actions on or through the Service, that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights (as defined below), rights of publicity and privacy. Getaround reserves the right, but is not obligated, to reject and/or remove any User Content that Getaround believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
Getaround takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service is solely your responsibility. Getaround is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Getaround shall not be liable for any damages you allege to incur as a result of such User Content.
While we may take actions to verify User identities and descriptions and information regarding vehicles available via the Service, Getaround does not endorse any Users or their background, any User Content, vehicle, or Rentals. You are solely responsible for your interactions with other Getaround Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Getaround shall have no liability for your interactions with other Users, or for any Users’ action or inaction, with respect to Rentals or the Service. You acknowledge that Getaround does not offer transportation services. Instead, the Service allows Renters and Owners to transact Rentals directly with each other. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth, or accuracy of Rentals, User Content, or other services or transactions available via the Service.
By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to the particular User or third party that causes you harm, and you agree not to attempt to impose liability on or seek any legal remedy from Getaround with respect to such actions or omissions. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Service. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO FACILITATE RENTALS. GETAROUND CANNOT AND DOES NOT CONTROL THE USER CONTENT CONTAINED IN ANY RENTAL, THE CONDITIONS OF ANY VEHICLES PROVIDED THROUGH THE SERVICE, THE BEHAVIOR OF ANY USER, OR THE ACTIONS OF ANY USER. GETAROUND IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL RENTALS AND USER CONTENT. ACCORDINGLY, ANY RENTALS MADE BY A USER, RENTER, AND/OR OWNER WILL BE MADE AT THE USER, RENTER, AND/OR OWNER'S OWN RISK.
You retain all your ownership rights in your User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Getaround a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with Getaround's (and its successors and affiliates) business. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Service and under this Agreement.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only. Getaround reserves all rights not expressly granted herein in the Service and the Getaround Content (as defined below). Getaround may terminate this license at any time for any reason or no reason.
To use the Getaround Software you must have a mobile device that is compatible with the Getaround Service. Getaround does not warrant that the Getaround Software and/or Getaround Service will be compatible with your mobile device.
Getaround hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Getaround Software for one Getaround Member Account on one mobile device owned or leased solely by you, for your personal use.
You may not: (i) modify, disassemble, decompile, or reverse engineer the Getaround Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Getaround Software to any third party or use the Getaround Software to provide time sharing or similar services for any third party; (iii) make any copies of the Getaround Software; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Getaround Software, features that prevent or restrict use or copying of any content accessible through the Getaround Software, or features that enforce limitations on use of the Getaround Software; or (v) delete the copyright and other proprietary rights notices on the Getaround Software.
You acknowledge that Getaround may from time to time issue upgraded versions of the Getaround Software and may automatically electronically upgrade the version of the Getaround Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and your continued use of the Getaround Software or Service constitutes your agreement to the terms and conditions of this Agreement will apply to all such upgrades.
Any third-party code that may be incorporated in the Getaround Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
The foregoing license grant is not a sale of the Getaround Software or any copy thereof, and Getaround or its third party partners or suppliers retain all right, title, and interest in the Getaround Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Getaround reserves all rights not expressly granted under this Agreement.
If the Getaround Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Getaround Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
The Getaround Software originates in the United States and is subject to United States export laws and regulations. The Getaround Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Getaround Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Getaround Software and the Getaround Service.
The following applies to any Getaround Software you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and Getaround, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Getaround as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Getaround as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Getaround, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Getaround acknowledge and agree that Apple, and Apples subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
The following applies to any Mobile Software you acquire from the Google Play Store ("Google-Sourced Software"): (i) you acknowledge that the Agreement is between you and Getaround only and not with Google, Inc. ("Google"); (ii) your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Getaround, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Getaround's Google-Sourced Software.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Getaround Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Getaround and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Service. Use of the Getaround Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Getaround under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Getaround does not waive any rights to use similar or related ideas previously known to Getaround, or developed by its employees, or obtained from sources other than you.
You agree to the fees and charges, terms of sale, and payment and billing policies applicable to your use of the Service as stated in our Fee and Commission Schedule incorporated herein by reference. Getaround may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated in the Fee and Commission Schedule.
If you are an Owner, you may set the Rental fee for your car as permitted by the Service. Getaround will adjudicate the Rental fee on your behalf, which means processing the Renter's credit card, retaining a commission as set forth in our Fee and Commission Schedule and remitting such funds to you as provided in this section. Getaround will remit payments due to you hereunder no later than thirty (30) days after the end of each calendar month in which the applicable fees are received. Payment shall be in the form you select when you register for the Service, or subsequently updated as permitted by the Service. Payments shall only be made in those months in which the amount due to you totals at least $100.00. Unpaid amounts due shall accrue until the next month in which the amount due is at least $100.00. Getaround reserves the right to withhold payment or charge back to your Account any amounts otherwise due to us under this Agreement, or any amounts due as a result of a breach of this Agreement by you, pending Getaround's reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your Account, which includes, without limitation, applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Getaround in writing within thirty (30) days of any such payment; failure to so notify Getaround shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Getaround. No other measurements or statistics of any kind shall be accepted by Getaround or have any effect under this Agreement.
In addition to the amount due, delinquent Accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent Accounts and/or chargebacks including, but not limited to collection fees and/or convenience fees and/or other third parties charges. Members hereby explicitly agree that all communication in relation to delinquent Accounts will be made by electronic mail or by phone, as provided to Getaround by Members. Such communication may be made by Getaround or by anyone on its behalf, including but not limited to a third party collection agent.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
When you opt-in to the service, we will send you an SMS message to confirm your signup.
You can cancel the SMS service at any time. Just text "STOP" to 438276. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If at any time you forget what keywords are supported, just text "HELP" to 438276. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
As always, message and data rates may apply for any messages sent to you from us and to us from you. While every Rental may be different, we estimate that you will receive 3-4 messages per Rental. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to email@example.com
Since we respect artist and content owner rights, it is Getaround's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Getaround's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice Getaround, Inc.
Address: 1177 Harrison Street San Francisco, CA 94103, USA
Telephone: 866-GETAROUND (866-438-2768)
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES.
Please note that this procedure is exclusively for notifying Getaround and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Getaround's rights and obligations under the DMCA, including 17 U.S.C. 512(c) but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Getaround has adopted a policy of terminating, in appropriate circumstances and at Getaround's sole discretion, members who are deemed to be repeat infringers. Getaround may also at its sole discretion limit access to the Service and/or terminate the Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In addition to the other representations and warranties in this Agreement, you affirm, represent and warrant that:
You agree to defend, indemnify, and hold harmless Getaround and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including, without limitation, any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule, or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your Account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
Getaround maintains insurance that provides certain coverage to Renters for Rentals transacted through the Service, as further described in our Insurance Statement (the "Getaround Insurance"). In the event that a Rental in which you participate as a Renter results in a claim covered by the Getaround Insurance, Getaround will make reasonable efforts to assist you in submitting a claim. Getaround does not guarantee the results of any claim submitted for coverage under the Getaround Insurance.You agree that all insurance-related communications will be conducted electronically. Please read the Electronic Business Consent, which provides further details regarding your agreement to receive all insurance-related communications electronically.
IF YOU CHOOSE TO USE THE SERVICE AND/OR PARTICIPATE IN A RENTAL, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT GETAROUND DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO RENTERS AND OWNERS. THE SERVICE AND ANY CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GETAROUND OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, GETAROUND, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE GETAROUND CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE OR ANY RENTAL WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF HE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO RENTERS OR OWNERS. YOU UNDERSTAND THAT GETAROUND DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE AND GETAROUND IS NOT RESPONSIBLE FOR THE ACTION OF USERS OF THE SERVICE.
GETAROUND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GETAROUND SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND GETAROUND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 14 (INSURANCE), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GETAROUND, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY RENTAL. UNDER NO CIRCUMSTANCES WILL GETAROUND BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GETAROUND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL GETAROUND, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF EITHER (a) THE AMOUNTS PAID BY GETAROUND TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (b) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GETAROUND AND YOU.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GETAROUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the United States. Getaround makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Getaround without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
You may terminate your participation in the Service at any time, for any reason, upon receipt by us of your written or email notice of termination. We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Getaround, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California or the United States District Court for the Northern District of California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that the City and County of San Francisco, California is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. For any dispute with Company, you agree to first contact us at [email] and attempt to resolve the dispute with us informally. In the unlikely event that Getaround has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Getaround claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") in City and County of San Francisco, California under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Getaround from seeking injunctive or other equitable relief from the courts as necessary to protect any of Getaround's proprietary interests.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GETAROUND ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Getaround may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Getaround in our sole discretion. Getaround reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Getaround is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add firstname.lastname@example.org to your email address book to help ensure you receive email notifications from us.
This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by Getaround via the Service, shall constitute the entire agreement between you and Getaround concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Getaround's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
You and Getaround agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The Service is offered by Getaround, Inc., located at 1177 Harrison Street San Francisco, CA 94103, and can be reached via email at email@example.com or telephone at (866) 438-2798. If you are a California resident, (a) you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information; and (b) in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254