Last revised: March 18, 2024
TABLE OF CONTENTS
GENERAL TERMS
• Acceptance Of the Terms of Use
• Changes To the Terms of Use
• Access And Account Security
• Membership And Submissions
• Verified User or Guest
• International User or Host
• Information Given at Registration
• Listing Only on The Services
• Vehicle Availability
• Pricing, Earnings, And Payments
• Maintenance
• Reporting Vehicle Damage
• Liability Insurance
• Physical Damage to Your Vehicle
• Missing Vehicles
• Indemnification of Host
• Additional Terms for Commercial Hosts
• Auto Liability Insurance
• Booking With Commercial Hosts
• Commercial Host.
• Use of the Vehicle
• Condition of the Vehicle and Optional Extras
• No Responsibility for Shared Vehicles
• Incident Reporting
• Vehicle Theft
LEGAL REQUIREMENTS
• Intellectual Property Rights
• Prohibited Uses
• Content You Post on The Website or Mobile Application
• Reliance On Information Posted
• Links To Other Websites and Resources
• Information About You and Your Visits to The Site
• Disclaimer Of Warranties
• Limitation On Liability
• Indemnification
• Dispute Resolution
• Arbitration Rules
• Dispute Notice and Arbitration Process
• Arbitration Location and Procedure
• Arbitrator's Decision
• Time Limit for Resolving Disputes
• DMCA Notification
MISCELLANEOUS
• Communications & Text Messages
• Additional Terms for Mobile Application
• Governing Law and Jurisdiction
• Class Action Waiver
• Notices
• Independent Contractors
• Entire Agreement
• Termination
• Mobile Application License
• Advertisers
• Indemnification
• Limitation of Liability – Vehicle Use
• Liquidated Damages
• Fees And Taxes
• Insurance
• Rental Company
ACCEPTANCE OF THE TERMS OF USE
Welcome to ZEVO's Website or Mobile App. The following terms and conditions ("Terms of Use") govern your access to and use of ZEVO.com, including its content, functionality, and services (the "Site") or Mobile Application.
You're a "User or Guest to view or use ZEVO Platform to access an accessible EV. Hosts who share EVs on the ZEVO Platform are "Customers." These Terms and Conditions refer to Users and Customers as "You".
Before using the Website or Mobile Application, read these Terms. By using the Website or Mobile Application, you agree to be bound by these Terms of Use and our privacy policy, found at www.ZEVO.com FOR PRIVACY POLICY ("Privacy Policy") "referenced herein. Do not use the Website or Mobile Application if you do not agree to the Terms of Use, Consent for Services, or Privacy Policy. Our other rules define capitalized phrases not stated in this Conditions of Use (e.g., our Privacy Policy and our User Agreement).
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website or Mobile Application thereafter. Your continued use or revisitation of the Website and Mobile Application following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE Website or Mobile Application AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY
ACCESS AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website or Mobile Application, and any service or material we provide on the Website or Mobile Application, at our sole discretion. From time to time, we may restrict access to some parts of the Website or Mobile App or the entire Mobile Application or entire Website.
MEMBERSHIP AND SUBMISSIONS
Individuals and registered subscribers receive Membership privileges when Membership launches. No one else can use or access membership rights. By registering, you become a "Member" and agree that your information is correct and current.
System access requires a valid email address and password. Members cannot share login credentials. We reserve the right to refuse service to any Member who breaches the Terms and Conditions on the website or Mobile Application or abuses its Service privileges. This includes anyone associated with any such Member, person, organization, or corporation (and all other individuals).
You acknowledge that some User Content you encounter while using the Services may be unreliable, unpleasant, offensive, or indecent. You waive any legal or equitable claim against us about User Content.
VERIFIED USER OR ''GUEST"
You will become a “verified” Guest only when certain identifying documents are sent to us. A driver’s license, vehicle insurance and/or vehicle registration, or other official document (VIN, etc.) will be accepted. Verified Users or Guests between the ages of 18-21 will be mandated to provide an valid driver’s license or Government ID along with an enforceable auto insurance policy.
Pursuant to California Civil Code Section 1879.3, California residents are entitled to the following specific consumer rights notice:
The name, address, and telephone number of the provider of this service 850 Burton Road., Ste. 201, Dover, DE 19904. Complaints regarding products, or requests to receive further information regarding use of this Website or Mobile Application/app may be sent to the above address or to admin@zevo.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
Important Information for New Jersey residents
If you live in New Jersey, please carefully read these Terms and understand that by using the Website or Mobile Application, placing an order on the Website or Mobile Application or creating an account, in addition to the other terms and conditions herein, you agree:
Any dispute between you and will be governed by the laws of the State of and subject to the dispute resolution provisions set forth in the “Disputes Resolution” section below;
Under the laws of the State of New Jersey, limitations on implied warranties or the exclusive limitation of certain damages as set forth below in the “DMCA/Copyright
Policy,” “Disclaimers of Warranties,” “Limitations on Liability,” and “Anti-Diversion” sections may not apply to you; and As set forth in the “Indemnification” section below, you are responsible for any harm you cause ZEVO. whether it is because of your (i) User Content; (ii) violation of any applicable law that protects ZEVO. or our legal rights or those of any third party that your actions have damaged; (iii) material uncured breaches of these Terms; (iv) infringement by you of any intellectual property rights that belong to ZEVO. or any third party; (v) any and all activities that occur under your account, username, and password.
INTERNATIONAL USERS OR HOSTS
Our Website or Mobile Application is controlled, operated, and administered from our offices in Plano, TX, United States of America. We make no representation that Content on the Website or Mobile Application is appropriate or available for use at other locations outside the United States, and access to Content is prohibited from territories where the Content or products available through the Website or Mobile Application are illegal. You may not use the Website or Mobile Application or export its Content or products in violation of United States export laws and regulations. If you access the Website or Mobile Application from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable.
• Safe and Legally Registered Vehicle with Current license plates
• Good condition (i.e., no tires with holes, no mechanical issues, no exterior issues which can impede the use of the vehicle.
• Partially responsible for the cost of windows, tires, tire rotations, dings, towing, brake replacements, brake inspections, and air filter replacement.
• Only ZEVO verified users are to receive the vehicle.
• Bookings cannot be cancelled unless with 48-hour prior notice. Any emergency will need to be reported to ZEVO.
• You may not list a vehicle that is prohibited from being used for such purposes, i.e., lease/financing restriction and/or insurance restriction.
• You must disclose to your vehicle insurance that you are listing your vehicle on ZEVO.
• You cannot list a vehicle with an active recall, illegal modifications, or unsafe.
• No firearms, weapons or illegal substances may be in the vehicle at any time.
• Verify your vehicle meets all ZEVO guidelines.
• You acknowledge that ZEVO is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report).
INFORMATION GIVEN AT REGISTRATION
When you sign up for ZEVO, you will identify passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet ZEVO’s vehicle Specs. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation.
LISTING ONLY ON THE SERVICES
In the United States, any vehicle you list on the Services must be exclusively listed on the Services. You cannot list any vehicles you intend to share on the Services on any other car sharing marketplace. Failure to abide by this condition may result in fines, penalties, denial of physical damage claims, removal of the vehicle from the Services, account closure, or other action, in ZEVO’s sole discretion. This does not limit Commercial Hosts’ (as defined below) ability to maintain their own rental car business or prohibit a vehicle from being listed on ride sharing or other delivery services when not on a ZEVO reservation.
VEHICLE OBTAINABILITY
If you provide the guest the option to pick up your vehicle at a location, you must provide the location to ZEVO and verify that the vehicle is available at the start of the reservation period. To qualify for protection plans, you must verify that a prospective guest has a current, valid driver's license before renting your vehicle and that the name on the reservation matches the driver's license and that the person picking up the vehicle matches the photograph on a facially valid driver's license.
PRICING, EARNINGS, AND PAYMENTS
You can set and change vehicle prices. ZEVO will reimburse you the funds collected from guests that hire your vehicle, less ZEVO fees. If you owe ZEVO or any third-party lender money, ZEVO may deduct it from your earnings payment, debit your bank account, charge any of your payment methods on file, or issue you an invoice.
PAYMENT PROCESSING
In some countries, payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Terms"). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of ZEVO enabling payment processing services through Stripe, you authorize ZEVO to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your vehicle. You further agree to provide accurate and complete information about you and authorize ZEVO to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. ZEVO reserves the right to switch payment processing vendors at its discretion.
REPORTING DAMAGE TO VEHICLE
If a guest damaged your vehicle, you must report it within 24 hours of the trip's end and assist with the inquiry to be covered. ZEVO or third-party claims administrators will determine if the damage occurred during the reservation period and is covered after investigating. If it was you'll be compensated accordingly to the damage. If you do not provide quick notice or cooperate with ZEVO and third-party claims administrators, we may not be able to determine the cause. You agree we cannot pay for such harm.
LIABILITY INSURANCE
All host protection plans offered on the Services include coverage under a third-party automobile liability insurance policy. In the US, the policy is issued by Hartford a Surplus Lines Company and does not provide a defense or indemnification for any claim asserted by ZEVO.
PHYSICAL DAMAGE TO YOUR VEHICLE
The protection plans available to hosts in the United States also cover the financial implications of physical damage to a car provided by a host during a trip. Physical damage contractual compensation from ZEVO applies to your car in the event of a collision and to comprehensive incidents that occur during your trip, subject to certain terms and exclusions. Here you can learn more about US host protection plans.
If ZEVO or third-party claims administrators opt to pay you the real cash value for your car, you must transfer title to ZEVO or a third party designated by ZEVO to accept title. The actual cash value standard will be determined by ZEVO or its third-party claims administrators in accordance with applicable law
Exclusions to payment and coverage for physical damage. Protection plans chosen by hosts on the Services do not apply to the following:
Optional extras or personal property, including aftermarket installations (e.g., equipment racks), that are taken from your vehicle or damaged during a trip. Remove all personal property before making your vehicle available for a reservation.
NORMAL WEAR AND TEAR TO YOUR VEHICLE
If you breach the Agreement, these Terms, or any of our Policies, or if you list your vehicle on the Services with false information regarding its make, model, or year, your protection plan will be cancelled. This provision nullifies protections even if the underlying conditions are unrelated to the loss or harm. You agree that these provisions are important and assure compliance. If your protection plan is voided, the Agreement, Conditions, and Policies remain.
Additional host-specific insurance. Any Services-shared car must have current registration and insurance. Any car you offer on the Services must have an auto insurance coverage that meets legal minimums. If you share a leased or financed vehicle, you may need physical damage coverage. You agree to supply ZEVO with updated auto insurance policy information as requested. Where permitted by law, you hereby appoint ZEVO or a wholly owned subsidiary of ZEVO as your attorney-in-fact for filing insurance claims, receiving insurance payments, administering an applicable insurance policy, and/or working with law enforcement, guests, or private entities to recover your vehicle.
MISSING VEHICLES
If you selected a protection plan via the Services and your vehicle goes missing, is not returned, or is stolen during the reservation period (or extension period), you, as the host, must immediately contact a ZEVO representative via claims@zevo.com or 844-899-ZEVO and follow his or her instructions, including cooperating with ZEVO, the police, and any other authorities investigating the theft. ZEVO requires police reports to be filed within 24 hours.
INDEMNIFICATION OF HOST
With our protection plan via the Services, subject to your compliance with these Terms and the Policies, ZEVO or its insurers will defend and indemnify you, subject to any exclusions or limitations in the policy or policies of insurance contained with the protection plan, against such claims as required by applicable law. You must give ZEVO or its insurers timely written notice of any indemnification claim, allow ZEVO complete authority over its defense, and cooperate with ZEVO at its expense. If ZEVO or its insurers reimburses you for a lost or damaged vehicle and you later obtain reimbursement from a third party (e.g., a third-party insurance company or restitution), you must reimburse ZEVO in an amount equal to, but not greater than, the cash supplied by ZEVO.
SUPPLEMENTARY TERMS FOR COMMERCIAL HOSTS
If you decline a Services protection plan or offer your own commercial/rental policy to guests, you are a "Commercial Host."
In exchange for keeping more of the trip price for yourself, when you decline a ZEVO protection package or where no protection package is offered, you waive, on behalf of yourself and any affiliated individuals (including, but not limited to, employees, employers, associates, contractors, or any other related personnel) or entities (corporations, partnerships, sole proprietorships, limited liability companies, or otherwise) (collectively, "Affiliates").
In the US if no protection or insurance is available via the Services in your location, you, the host, or an authorized person acting on behalf of the host, are solely responsible for providing commercial rental insurance coverage for any ZEVO vehicle reservation. Your vehicle, guest, and authorized drivers must have minimum liability and/or physical damage auto insurance. If there is none in your region, you represent and warrant that (1) you are a licensed commercial rental car company or are authorized to act on behalf of and bind a commercial rental car company in listing vehicles on ZEVO, or (2) you are an individual or company that can offer commercial rental car insurance to guests.
You also agree that ZEVO or any affiliates will not provide financial responsibility for physical damage, third-party liability protection, uninsured or underinsured motorist coverage, PIP or similar coverage or indemnification, roadside assistance, or trust and safety support when you provide your own commercial rental insurance. ZEVO must be added to car and excess liability policies. These provisions replace and supersede any representation made by ZEVO or those acting on its behalf, including statements made on the Services, these Terms, Help Center, Policies, emails, and/or marketing materials, regarding protection plans, insurance, and roadside assistance offered to hosts and guests when hosts do not decline protection via the Services.
If ZEVO has any concerns, you agree that ZEVO can automatically, and in its sole discretion, default all of your vehicles to a protection plan of our choice, including its fees (if given in your region), remove your listings, or suspend your ZEVO Account.
You must immediately change your vehicle's status if your business rental insurance is canceled. Temporary changes let your automobile sleep (s). To permanently switch your vehicle(s)' protection plan to a Service-provided plan, email help@zevo.com. Never lend an automobile without insurance.
On your listing page, you must specify any additional fees, taxes, and conditions (such as a security deposit or if you do not accept debit cards, for example). ZEVO may default your vehicles to a protection plan of our choice, remove your listings, or suspend your account if you fail to disclose fees, charges, and requirements in your vehicle listing page.
You acknowledge that ZEVO would have problems estimating and establishing the real damages from your breach of this section. Liquidated damages for ZEVO are USD $6,000 per breach. This sum is not a penalty but a reasonable estimate of damages when they are hard to prove.
You shall defend, indemnify, and hold ZEVO, its subsidiaries, affiliates, employees, officers, directors, and agents, and your guests or their authorized drivers harmless from and against any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorneys fees, damages, consequential damages, punitive damages, property damage, personal injury, theft, or otherwise, without limitation, related to or arising out of any reservation or use of any vehicle.
GUEST RESPONSIBILITIES & RULES
• Current driver’s license and state minimum Insurance obligations
• Take care of the vehicle and return any extra item(s) provided by the Host
• Can only be driven by the authorized driver.
• Responsible for any physical damage to the car or theft, regardless of fault.
• Partially responsible for the maintenance and repair of windows, tires, tire rotations, dings, towing, brake replacements, brake inspections, and air filter replacement.
• Costs associated with accidents, regardless of insurance.
• Collaborate with ZEVO on any claims.
• Parking tickets during your booking.
• Drive safely and obey all rules, including speed limits and drunk driving bans.
• Child safety seat and other child protection laws must be followed.
• Leave the car locked and the keys secure.
• No firearms, weapons or illegal substances may be in the vehicle at any time.
• Vehicles cannot be used for banned purposes.
• You acknowledge that ZEVO is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report).
REPOSSESSION OF VEHICLE
The guest is required to pay upfront for their rental time period. If the guest fails to pay for their rental time period, ZEVO reserves the right repossess the vehicle. ZEVO is responsible for communicating failures to pay and timelines for repossession. Failure to work with ZEVO on returning the vehicle during the repossession process will result in being banned from the ZEVO platform, and a police report will be filed against you.
Debts will be sent to collections, and the guest will be responsible for any fees incurred by ZEVO to recover the vehicle.
AUTO LIABILITY INSURANCE
Most hosts will not provide liability insurance. All Services protection plans include motor liability insurance.
Depending on applicable regulations, where the guest books the vehicle, and where the accident or damages occur, the guest's own auto policy may supersede ZEVO protection.
By selecting a protection plan on the Services. Any protection plan's limitation on the primary guest's out-of-pocket expense applies only (1) if the primary guest and any Authorized Driver follow these Terms and (2) to physical damage that is not mechanical or interior.
US guest protection policies and insurance.
VEHICLE CONDITION AND OPTIONAL ADD-ONS
To avoid liability for pre-existing damage, upload photos of any damage during your initial examination. If you fail to report damage on your initial inspection, ZEVO, third-party administrators, or insurance partners may infer it occurred during your reservation. If, after your initial inspection, you believe the vehicle is unsafe to drive, please contact the ZEVO staff immediately at help@zevo.com or 844-899-ZEVO in the US.
NO RESPONSIBILITY FOR SHARED VEHICLES
Beyond our policies that demand hosts to make sure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not the subject of a missing or stolen vehicle report, have a clean title (e.g., no liens), and are in good mechanical condition,
INCIDENTS
You must notify ZEVO right away if the vehicle you are using sustains any damage at claims@zevo.com or 844-899-ZEVO in the US. You must also notify the police if there has been a collision. In addition to providing ZEVO or third-party claims administrators with a written account of the incident and any other information requested, including the identities and insurance details of any parties involved in the incident, you will need to make all reasonable efforts to gather proof from any witnesses who may be available. Additionally, you must assist in any loss investigations carried out by ZEVO, independent claims administrators, or insurers. You are not permitted to use the car again after an incident unless ZEVO staff members have given you their express consent. Any protection plan obtained through the Services may be reduced or rendered ineffective if an incident is not promptly reported or if you do not help in an investigation.
IMPROPER RETURNS
If you do not return the vehicle when requested by ZEVO or the host and you have not properly requested a reservation extension through the Services in accordance with this policy, you will be in violation of the following conditions:
• If the vehicle is returned to a location other than the return location specified on the reservation or as agreed upon with the host. The guest is liable for any theft, loss, or damage to a vehicle that occurs before the host inspects it when it is returned at the end of the reservation.
• If you give the host false information about the reservation, use, or functioning of the vehicle
• If you fail or refuse to cooperate in good faith with the host, police, ZEVO, or other authorities in reporting any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism.
• If the vehicle's interior components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked, running, or unattended with the keys not secured during reservation period.
Any fees incurred by ZEVO to recover a vehicle that is not returned are the responsibility of the guest who made the reservation. A $500 case administration fee will be charged to the primary guest, if law enforcement is contacted. ZEVO may also repossess an abandoned car.
INTELLECTUAL PROPERTY RIGHTS
The Website or Mobile Application and all of its contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are our property or that of our licensors or other content providers, and they are protected by domestic and foreign laws on copyright, trademark, patent, trade secret, and other proprietary rights. We reserve all rights not expressly given herein, and no right, title, or interest in or to the Website, Mobile Application, or any content on the Website or Mobile Application is transferred to you. A breach of these Terms of Use and potential violation of copyright, trademark, and other laws results from any use of the website or mobile application that is not expressly authorized by these Terms of Use.
Our trademarks include our name, brands, logos, catchphrases, and other items. Throughout this website or mobile application, all other names, brands, logos, product and service names, and designs are the property of their respective owners and may be trademarks. Such trademarks may not be used without our prior written consent.
You are only allowed to use the Website or Mobile Application in accordance with these Conditions of Use for your own private, non-commercial use. None of the content on our website or mobile application may be copied, distributed, altered, transformed into a derivative work, performed in public, published again, publicly displayed, downloaded, stored, or transmitted.
YOU MUST NOT:
• Modify copies of any materials from this Website or Mobile Application;
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website or Mobile Application.
PROHIBITED USES
You may use the Website or Mobile Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Mobile Application:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Mobile Application, or which, as determined by us, may harm us or other users of the Website or Mobile Application or expose them to liability.
ADDITIONALLY, YOU AGREE NOT TO:
• Use the Website or Mobile Application in any manner that could disable, overburden, damage, or impair the Website or Mobile Application interfere with any other user’s use of the Website or Mobile Application including his or her ability to engage in real time activities through the Website or Mobile Application.
• Use any robot, spider or other automatic device, process or means to access the Website or Mobile Application for any purpose, including monitoring or copying any of the material on the Website or Mobile Application.
• Use any manual process to monitor or copy any of the material on the Website or Mobile Application or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website or Mobile Application.
• Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Mobile Application, the server on which the Website or Mobile Application is stored, or any server, computer or database connected to the Website or Mobile Application.
• Attack the Website or Mobile Application via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website or Mobile Application.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE/APP, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE/APP, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE SITE/APP. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE/APP. If you accept or agree to these Terms on behalf of a site/app or other legal entity, you represent and warrant that you have the authority to bind that site/app or legal entity to these Terms and, in such event, "you" or "your" will refer and apply to that site/app or other legal entity.
CONTENT YOU POST ON THE WEBSITE OR MOBILE APPLICATION
You are responsible for all content that you post on, transmit through or download from the Website or Mobile Application (“Guest/Host Content"). You may not post Guest/Host Content that: is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission); infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner; you know to be inaccurate; is pornographic, sexually explicit, or obscene; exploits children or minors; violates the rights of privacy or publicity of any person; is harassing, libelous, slanderous, or defamatory; contains any personally identifying information about any person without their consent or about any person who is a minor; may be deemed generally offensive to the website community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism; includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose; is off topic; is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice; is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person; violates any local, state, federal, and/or international laws or regulations; promotes or provides instructional information about illegal or illicit activities; contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or, is intended to overwhelm, cause technical disruptions of or denial of service to the Website or Mobile Application. We may remove any User Content that violates these Terms of Use or that we determine is otherwise not appropriate for the Website or Mobile Application in our sole discretion.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. All photos, listings, and/or content related to your listing must be accurate. You may not post false information, i.e., spaces that are not yours, listing information that is not your, etc. Any such listings will be removed immediately, and you will not be allowed to post in the future.
LINKS TO OTHER WEBSITES AND RESOURCES
If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
A user can delete the account by going to your profile page and clicking "DELETE MY ACCOUNT" This will delete all data and the listing. To be removed from any marketing material, click “unsubscribe” at the bottom of any of our emails or send an email to help HYPERLINK "mailto:help@zevo.com"@ZEVO HYPERLINK "mailto:help@zevo.com".com.
DISCLAIMER OF WARRANTIES
OUR PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION ON LIABILITY
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.
In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, any websites linked to it, any content on the Website or Mobile Application or such other Website or Mobile Applications or any services or items obtained through the Website or Mobile Application or such other Website or Mobile Applications, including any indirect, special, incidental, consequential, exemplary, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, property damage, loss of revenue, loss of profits, loss of business or anticipated savings, business interruption, loss of use, loss of goodwill, loss or corruption of data, cost of substitute goods or services, or computer failure or malfunction.
To the fullest extent permitted by applicable law, in no event will we or our affiliates, or any of our respective licensors or service providers, have any liability arising from or related to your use of or inability to use the Website or Mobile Application or the services for:
• Any action you take based on the information you receive in through or from the services;
• the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services;
• the improper authorization for the services by someone claiming such authority; statements or conduct of any third party on the services.
These limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or any other theory or cause of action and regardless of whether such damages were foreseeable or we were advised of the possibility of such damages.
We do not guarantee continuous, uninterrupted or secure access to the Website or Mobile Application or the services, or any related services. The operation of the Website or Mobile Application may be interfered with by numerous factors outside our control. under no circumstances shall we be liable for any damages that result from the use of or inability to use the Website or Mobile Application, including but not limited to reliance by you on any information obtained from the Website or Mobile Application or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to our records, programs, or services. you hereby acknowledge that this paragraph shall apply to all content, data, and information submitted to the Website or Mobile Application.
If you are dissatisfied with any portion of this Website or Mobile Application or the services, your sole and exclusive remedy is to discontinue use of the Website or Mobile Application or the services.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assignees, from and against any and all claims, liabilities, deficiencies, damages, actions, judgments, settlements, interest, awards, losses, fines, penalties, costs, expenses or fees or any kind (including reasonable attorneys’ fees and costs) arising from or relating to your violation of these Terms of Use or the terms in our other policies and agreements that you agree to be bound by, your use or misuse of the Website or Mobile Application, including, but not limited to, any use of the Website or Mobile Application’s content, Services and products other than as expressly authorized, your use of any information obtained from the Website or Mobile Application, any User Content you submit, post to or transmit through the Website or Mobile Application or the Services, or, your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality.
DISPUTE RESOLUTION - AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
We each agree that any dispute, claim, or controversy arising out of or relating to our products, services, these terms, including our privacy policy and cookie policy, or the breach, termination, enforcement, interpretation, or validity thereof or the use of the services or content available on or through the Website or Mobile Application/app (collectively, "disputes") will be settled by confidential binding arbitration, except that each party retains the right to (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an "IP
Protection Action"). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
You acknowledge and agree that both you and ZEVO are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.
The parties agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms.
ARBITRATION RULES
The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.
DISPUTE NOTICE AND ARBITRATION PROCESS
Prior to initiating an arbitration proceeding, you must first send ZEVO a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested ("Dispute Statement"). The Dispute Statement to must be mailed to the attention of 850 Burton Road., Ste. 201, Dover, DE 19904 via nationally recognized overnight courier. If we are unable to resolve your claim within thirty (30) days of receipt of the Dispute Statement, then either party that desires to initiate an arbitration must provide the other party with a written
Demand for Arbitration as specified in the JAMS Procedures.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this
The arbitration will be administered and governed by the Comprehensive or Expedited
Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS),
whichever is appropriate and in effect at the time the arbitration is initiated (the "JAMS
Procedures"), which are available at http://www.jamsadr.com or by calling
1-800-352-5267.
Broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action.
ARBITRATION LOCATION AND PROCEDURE
Unless the parties otherwise agree, the arbitration will be conducted in the county where ZEVO resides. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
ARBITRATOR'S DECISION
The arbitrator's decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Disclaimer of Warranties," and "Limitations of Liability" sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. ZEVO will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
TIME LIMIT FOR RESOLVING DISPUTES
The parties agree that any cause of action either may have with respect to the Website or Mobile Application or products, services, and Content must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many states' laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, your agreement to this provision shortens the time within which you may bring a Dispute.
The terms of this Dispute Resolution section survive any termination of these Terms.
Right to opt-out or reject future changes to dispute resolution section
You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter via nationally recognized overnight courier to the attention “Customer Relations Director” within thirty (30) days of your first visit to and use of the Website or Mobile Application/app that specifies your (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not so opt-out, then the terms of this section will apply.
Notwithstanding the provisions of “Changes to Terms of Use” section above, if ZEVO changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted subsequent changes to the Terms), you may reject any such change by sending ZEVO written notice to the attention “Customer Relations Director” within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and ZEVO in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
DMCA NOTIFICATION
We respect the rights of intellectual property holders. If you believe that any content on the Website or Mobile Application violates these Terms of Use or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Website or Mobile Application (including the exact URL);
• An address, a telephone number, and an e-mail address where we can contact you;
• A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and,
• Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to our designated agent at Email: help@zevo.com
MISCELLANEOUS
COMMUNICATIONS & TEXT MESSAGES
You may communicate with us electronically when you use the Services or send emails, text messages, and other communications from your desktop or mobile device. You consent to receive communications from us or on our behalf electronically, such as emails, texts, mobile push notices, or notices and messages through the Services, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You'll update your contact info, including email. Statutory rights are unaffected by this subparagraph.
If you give ZEVO your cell phone number, you consent to receiving phone calls, SMS, and MMS messages for transactional, operational, or informational purposes. When you give ZEVO your phone number, you promise to be the account's subscriber or authorized user. You consent to automated messages. Unsubscribe from ZEVO text messages at any time. You agree to unsubscribe from ZEVO SMS and MMS messages by following the instructions below.
ZEVO may send order status messages for Services orders. "STOP" to the number sending order-related messages unsubscribes. Resubscribe by texting "START" to your account's phone number. Text "HELP" for help. Unsubscribing from one branded property in our Services does not automatically unsubscribe you from another. Unless you unsubscribe from Seamless order-related messages, you may still receive ZEVO order-related messages when you order through Seamless.
After receiving an order, ZEVO may ask for feedback or other information. Reply "STOP" to the number sending feedback messages to unsubscribe. Resubscribe by texting "START" to the feedback message number from your account phone. Please note that unsubscribing from such feedback texts will not prevent you from receiving texts from ZEVO, the Merchant, or your delivery person about your order or its delivery unless you also text "STOP" to the number sending the order-related messages. Even then, you may still receive individual texts from the Merchant or delivery person to ensure successful delivery.
Customer Care requests may result in text messages. Simply text "STOP" to the number sending Customer Care messages to unsubscribe.
ZEVO may send you text messages while it processes your request to unsubscribe from them (s). If you change or deactivate the phone number you provided to ZEVO, you have an affirmative obligation to immediately update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your Account may receive ZEVO's standard SMS or MMS messages unless you also unsubscribe via the above procedures
SMS and MMS alerts sent or received may incur standard data and message rates. Please consult your mobile phone carrier. T-Mobile, AT&T, Verizon, etc. are not responsible for delayed or undelivered messages. Call 844-899-ZEVO for help.
ADDITIONAL TERMS FOR MOBILE APPLICATIONS
ZEVO may offer mobile applications to access its websites, technology platforms, and related online and mobile services. Any Mobile Application requires a compatible device. ZEVO does not guarantee mobile app compatibility. Your wireless provider may charge you for using mobile data with the Mobile Applications. You accept full responsibility for such charges. ZEVO grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Account on a mobile device you own or lease for personal use. You agree that ZEVO may periodically upgrade the Mobile Applications and automatically upgrade the version on your mobile device. If your mobile device doesn't automatically update, you agree to update the Mobile Application. Upgrade to the latest Mobile Applications to see the latest Merchant Services information. You also agree to apply this Agreement to all Mobile Application upgrades. The applicable open source or third-party license EULA covers any third-party code used in the Mobile Applications. ZEVO or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications and any copies thereof (and any copy thereof). This Agreement forbids you from transferring any rights, duties, or obligations. ZEVO reserves all Mobile Application and other rights not expressly granted under this Agreement. The following applies to any US government-purchased mobile app: The Mobile Application will be considered "commercial computer software" and "commercial computer software documentation" under DFAR § 227.7202 and FAR § 12.212. The U.S. Government may use, reproduce, release, perform, display, or disclose the Services and any accompanying documentation only as permitted by this Agreement. Mobile Applications are US-made and subject to US export laws. Mobile Applications cannot be exported or re-exported to certain countries or entities prohibited from receiving US exports. Mobile Applications may also fall under foreign import and export laws. You agree to follow all US and foreign laws regarding Mobile Applications and Services.
Apple-Sourced Software (Apple App Store Mobile Apps): You agree that ZEVO, not Apple, Inc. (“Apple”), is responsible for the Apple-Sourced Software and its content. The App Store Terms of Service govern Apple-Sourced Software use. You agree that Apple has no obligation to maintain or support Apple-Sourced Software. If the Apple-Sourced Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the software or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty. You acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the Apple-Sourced Software or your possession and/or use of it, including, but not limited to: I product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation; and all of these claims are You agree that ZEVO, not Apple, will investigate, defend, settle, and discharge any third-party intellectual property infringement claim to the extent required by this Agreement. You and ZEVO acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Apple-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 against you. The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is solely between you and ZEVO 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) ZEVO, 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 the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to ZEVO’s Google-Sourced Software.
GOVERNING LAW AND JURISDICTION.
All matters relating to the Website or Mobile Application and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware regardless of your country of origin or where you access the Website or Mobile Application or the Services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
CLASS ACTION WAIVER
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms of Use or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
NOTICES
You agree that we may provide you with notices, including those regarding changes to this agreement, by email to the address you provided at the time of registration or as changed in your Account profile on the Website or Mobile Application.
INDEPENDENT CONTRACTORS
The parties intend that an independent contractor relationship will be created by these Terms of Use, and that no additional partnership, joint venture, employee, employer or other relationship is intended. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of us, any of our affiliates or service providers.
ENTIRE AGREEMENT
These Terms of Use, our Privacy Policy, and any User Agreement to which you agree and/or consent comprise the complete agreement between you and us regarding the Website or Mobile Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral. No failure or delay by you or us to exercise any right or power hereunder shall act as a waiver thereof, nor shall any single or partial exercise thereof bar later exercise of that or any other right hereunder. These Conditions of Use prevail over any purchase order or other terms other than our User Agreement. The other elements of these Conditions of Use will remain in force if any provision is invalid or unenforceable under relevant law. These Conditions of Use section and paragraph headings are for convenience only and do not impact interpretation.
TERMINATION
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you. Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Website or Mobile Application and to block and prevent future access to and use of the Website or Mobile Application. You agree that we will not be liable for any termination of your use of or access to the Website or Mobile Application.
MOBILE APPLICATION LICENSE
Use License
If you access the Website or Mobile Application via a mobile application, then we grant you a revocable, non-
exclusive, non-transferable, limited right to install and use the mobile application on
wireless electronic devices owned or controlled by you, and to access and use the
mobile application on such devices strictly in accordance with the terms and
conditions of this mobile application license contained in these Terms of Use. You
shall not: (1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the application; (2)
make any modification, adaptation, improvement, enhancement, translation, or
derivative work from the application; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the application; (4) remove, alter,
or obscure any proprietary notice (including any notice of copyright or trademark)
posted by us or the licensors of the application; (5) use the application for any
revenue generating endeavor, commercial enterprise, or other purpose for which it is
not designed or intended; (6) make the application available over a network or other
environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any Website or Mobile Application/app or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Website or Mobile Application: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
API Use
Customers may access their Service data via the Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the Terms plus the following specific terms:
You may not sell, rent, lease, sublicense, redistribute, or syndicate access to our API.
You may not (i) access our API or documentation in violation of any law or regulation (ii) access our API in any manner that comprises, breaks, or circumvents any of our technical processes or security measures associated with the Services or in a way that poses a security vulnerability to customers or users of the Services (iii) access our API or documentation in order to replicate or compete with the Services (iv) attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of our API or Services or (v) attempt to use our API in a manner that exceeds rate limits or constitutes excessive or abusive usage.
You expressly understand and agree that the Website or Mobile Application shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
If we believe that there is a violation of the Terms that can simply be remedied by your modification or update of your usage, we will, in most cases ask you to take direct action rather than intervene. In some instances, we may directly step in and take what we determine to be appropriate action if you are not responsive, or if we believe there is a credible risk of harm to us, the Services, our customers, users, or any third parties
Availability of the APP
We do not guarantee that your use of the App will be uninterrupted, timely, or error-free. At any time and without notice, access to the App may be temporarily or permanently terminated or removed from you or all users. For any reason, we may impose limitations on the length and mode of use of any part of the App. You shall not attempt to use the App under any other identity or user or on any other mobile device if we impose restrictions on you directly. We do not guarantee that the App will work with every device and software you might use. We make no express or implied representation or warranty that the information and materials on the App are correct; no express or implied warranty or representation is given that they are complete, accurate, up to date, or fit for a particular purpose; and, to the extent permitted by law, we accept no liability for any errors or omissions. This has no bearing on any responsibility we may have to furnish you with items under any contract we may have with you.
ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Website or Mobile Application, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Website or Mobile Application and any services provided on the Website or Mobile Application or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Website or Mobile Application, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
INDEMNIFICATION
You agree to release, defend, indemnify, and hold ZEVO and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a vehicle or creation of a listing for a vehicle. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle. This indemnification provision is a fundamental element of the basis of the bargain between ZEVO and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.
LIMITATION OF LIABILITY – USE OF VEHICLES
EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NEITHER WE NOR ANY OF OUR DIRECTORS, EMPLOYEES, OR AGENTS WILL BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR THE VEHICLE AS A HOST OR A GUEST.
THE FOLLOWING ARE EXCLUDED FROM ANY AND ALL LIABILITY OF ZEVO:
(1) PROBLEMS WITH VEHICLE SCHEDULE AND/OR VEHICLE AVAILABILITY THE VALUE OF A VEHICLE, THE LEGAL OR LICENSE STATUS OF A VEHICLE, HOST, OR GUEST, THE CONDITION OF A VEHICLE, OR ANY ACT OR INACTION ON THE PART OF A HOST OR GUEST.
THE PARTIES' AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE AMOUNTS YOU PAID OR OWE FOR BOOKINGS MADE THROUGH THE SERVICES AS A GUEST IN THE TWELVE MONTHS PRIOR TO THE EVENT, OR (2) THE AMOUNT OF ANY CLAIM YOU MAY HAVE UNDER ANY PROTECTION PLAN OR APPLICABLE INSURANCE POLICY APPROVED BY US.
FURTHERMORE, YOU WAIVE ANY CLAIMS YOU MAY HAVE AGAINST ANY ZEVO USER FOR DAMAGES OR LOSSES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, WITH THE EXCEPTIONS SET FORTH BELOW. YOU ARE (1) A HOST WHO DECLINED A PROTECTION PLAN THROUGH THE SERVICES AND IS FILING A CLAIM AGAINST A GUEST, OR (2) A GUEST WHO RENTED A VEHICLE FROM A HOST WHO INSTEAD DECIDED TO PROVIDE INSURANCE OR PROTECTION TO YOU AND IS FILING A CLAIM AGAINST THE HOST.
YOU HEREBY IRREVOCABLY WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE SECTION1542, OR ANY SIMILAR LAW, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE
ANY PROVISION OF THIS AGREEMENT THAT IS FOUND TO BE ILLEGAL OR UNENFORCEABLE SHALL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BE SEVERED AND THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.
LIQUIDATED DAMAGES
YOU ACKNOWLEDGE THAT ZEVO WOULD HAVE DIFFICULTY ESTIMATING AND VERIFYING THE REAL DAMAGES ANTICIPATED BY ANY OF THE FOLLOWING: (1) TRANSACTIONS IN THE GRAY MARKET (2) REGISTERING WEBSITE DOMAINS, SOCIAL MEDIA HANDLES, OR BIDDING ON ONLINE ADVERTISING KEY TERMS WITHOUT THE CONSENT OF ZEVO, (3) LAWSUITS AGAINST ZEVO PARTIES OR ZEVO USERS (4) AS A HOST, SHARING YOUR VEHICLE VIA THE SERVICES WITH OUTDATED REGISTRATION STICKERS OR WITHOUT CURRENT DOCUMENTS, (5) IN THE CAPACITY OF A HOST, PRESENTING ANY MISSING OR STOLEN VEHICLE, (6) AS A HOST, RENTING AN UNSAFE CAR TO A GUEST; (7) AS A HOST, CANCELING OR AMENDING A TRIP TO MANIPULATE A VEHICLE'S PRICE OR REVENUE; OR (8) CREATING OR USING A ZEVO ACCOUNT TO AVOID SUSPENSION, TERMINATION, OR CLOSURE.
YOU ARE REQUIRED TO PAY ZEVO $6,000 IN LIQUIDATED DAMAGES FOR EACH BREACH. THIS AMOUNT IS NOT A PUNISHMENT, BUT AN APPROPRIATE ESTIMATE IN THE EVENT THAT ACTUAL DAMAGES CANNOT BE ASSESSED. THE LIQUIDATED DAMAGES PROVISIONS APPLY TO THE ABOVE-MENTIONED PROVISIONS AND SUPERSEDE ANY OTHER DAMAGE AND/OR ARBITRATION CLAUSE IN THIS AGREEMENT.
FEES AND TAXES
ZEVO charges fees, which are itemized for Users during the checkout process. When you provide us with a payment method, you authorize ZEVO to charge that payment method in the future. Unpaid fees will be collected by ZEVO using any legal means available, and any unpaid balances may be reported to credit agencies. ZEVO may also use credit bureau information to determine eligibility for use of the Site. If we need to remit taxes on your behalf, we will collect and remit those amounts.
INSURANCE
We are not an insurance provider, and any insurance provided through the Website or Mobile Application is done by a third-party Company, which we are not affiliated with.
NOT A RENTAL COMPANY
We are not a rental car company, and do not have a fleet of vehicles. We are an online platform connecting vehicle owners as 'Hosts' with Users being 'Guests' to use the vehicles for their own personal use.
This website or Mobile Application is operated by ZEVO. All other feedback, comments, requests for technical support and other communications relating to the Website or Mobile Application should be directed to help@zevo.com. Thank you for visiting our Website or Mobile Application.
