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These are the terms and conditions of Vinty rentals applicable to both Drivers and Owners.
By renting a car through Vinty, as either a Driver or an Owner, you agree to all of these terms and conditions. You can download the terms and conditions applicable to your transaction, or you can request Vinty to send you a printed copy by e-mailing us at [email protected].
Vinty – Terms of Service
January 1, 2018
Welcome to DriveVinty.com, a classic and vintage car rental marketplace.
The Vinty online marketplace website and service is provided by Vinty Inc. (“Vinty” “we,” or “us”). These Terms of Service govern your access to and your participation in the Vinty online marketplace, whether as a registered member or a guest. The terms are legally binding on you, so it’s important that you read and understand them.
The Site is available to users who are 21 twenty-one years of age or older and reside in the United States or any of its territories or possessions.
By accessing the Site, you represent and warrant that you are of legal age to form a binding contract with Vinty and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site.
If you have any questions for us concerning the Agreement or Vinty in general, please contact us at [email protected].
Thank you for your interest in Vinty!
The Vinty Team
The following terms apply to each user (including car renters and the Owner(s)) of the Site.
1. Registration and Verification.
2. On-going Information Updates.
3. Incorporation of Additional Terms.
4. Your Commitments.
You agree that you will always use the Site in compliance with the terms of this Agreement and any other policies and standards provided to you by Vinty. You promise Vinty that you have the legal right to enter into this Agreement and to use the Site. You promise that your activities with Vinty won’t violate anyone else’s rights. You also agree to comply with all applicable laws and regulations. You agree to defend, indemnify and hold harmless Vinty, its affiliates, licensors and service providers (including without limitation, the Owner(s)), and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service, the User Policy or your use of the Site, including, but not limited to, any use of the website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the website.
You may discontinue your use of the Site at any time and Vinty may terminate your access to the Site for any reason or no reason. Termination of access to the Site will not release either party from any obligations incurred prior to the termination and Vinty may retain and continue to use for its own internal purposes any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations provided under this Agreement and all of those terms will survive any termination of this Agreement.
6. Disclaimer of Warranty and Limitation of Liability.
This Agreement describes all of Vinty’ obligations in the event of any loss or damage resulting from your participation in the Site. In order to disclaim warranties and to provide for certain limitations on our liability, we are required to provide the following information in this format:
VINTY PROVIDES A SITE THAT ENABLES CAR RENTAL SERVICES BETWEEN OWNER(S) AND CAR RENTERS. VINTY DOES NOT PROVIDE CAR RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SITE, THE OWNER(S), THE CAR MANUFACTURER OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-CAR GPS OR OTHER SYSTEMS). EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, VINTY HEREBY DISCLAIMS ANY WARRANTY OF ANY KIND WITH RESPECT TO THE CARS AND OTHER PRODUCTS AND SERVICES PROVIDED BY OR THROUGH VINTY, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VINTY MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. USE OF THE SERVICE, AND ANY CARS RENTED THROUGH THE SITE, IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VINTY WILL CREATE ANY EXPRESS WARRANTY. IN NO EVENT WILL VINTY BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VINTY’S LIABILITY UNDER THIS AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE LESSER OF THE AMOUNTS PAID BY YOU UNDER THIS AGREEMENT OR ONE HUNDRED DOLLARS ($100.00).
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT SETS FORTH CERTAIN RIGHTS AND RESPONSIBILITIES. SOME STATES MAY PROVIDE YOU WITH OTHER SPECIFIC LEGAL RIGHTS. THE TERMS OF THIS SECTION WILL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.
7. No Agency.
Vinty does not intend to appoint you or any other user of the Site as its employee, legal agent or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Vinty and Vinty will not make commitments on your behalf, except as contemplated by the Site or expressly stated in this Agreement.
8. No License.
The Site and its entire 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 owned by Vinty, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except as part of the intended use of the Site, you must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. All rights are hereby expressly reserved.
This Agreement states the entire understanding between you and Vinty concerning your participation in the Site and supersedes any earlier verbal or written communications between us other than as set forth below. You may not delegate your legal obligations or transfer any of your rights in whole or in part to any third party without advance written consent of Vinty. You will remain responsible for your obligations hereunder in any event. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. Any modification or waiver of any term of this Agreement must be agreed to in writing by Vinty. Vinty’s failure to exercise any right under this Agreement will not constitute a waiver of any other right Vinty may have. This Agreement and any related claims or disputes will be governed by and construed in accordance with the laws of the California, without regard to its conflict of laws provisions. You and we agree to submit to the personal jurisdiction of the state and federal courts located in San Diego, California. There is personal vehicle sharing legislation that may apply to you; for more information, please contact us at [email protected]. In the case of any conflict between these Terms of Service and the Vinty Service Agreement between Vinty and the Owner(s), the terms of the Vinty Service Agreement shall govern.
10. DMCA Notice.
Since we respect artist and content owner rights, it is our 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 Site, please notify our 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:
• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on Site;
• Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
517 Brooks Street, Oceanside, CA 92054
Telephone: (415) 287-7643
Email: [email protected]
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 us and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our 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, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. We may also at our 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.
11. Third-Party Links.
12. Governing Law.
You agree that the Site shall be deemed solely based in California and is a passive entity that does not give rise to personal jurisdiction over Vinty, 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. 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 San Diego County, California or the United States District Court for the Southern District of California, for any actions for which Vinty retains 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 Vinty’s copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
In the unlikely event that we have not been able to resolve a dispute between us after attempting to do so informally, Vinty and you agree to resolve any claim, dispute, or controversy (excluding any of Vinty’s 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 JAMS/Endispute (“JAMS”) in San Diego County, California under the commercial rules then in effect for the JAMS, 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 Vinty from seeking injunctive or other equitable relief from the courts as necessary to protect any of its proprietary interests. 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. OWNER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, IT IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Terms for Renters
The following Sections 14–20 apply if you rent a car using the Site:
14. Information provided to Vinty.
In connection with your desire to rent a car on Vinty, you hereby authorize and direct Vinty Inc., either itself or through a third party consumer reporting agency, to obtain information about your background including investigation into your motor vehicle or driving record(s). You understand this authorization will be valid until you withdraw your authorization, in writing, by contacting Vinty Inc., 517 Brooks St., Oceanside CA 92054. You understand that your desire to rent a car on Vinty is not related to any employment relationship. To this end, you hereby authorize, without reservation, any law enforcement agency, administrator, state or federal agency, or information service bureau to furnish any and all background information requested by Vinty Inc., 517 Brooks St., Oceanside CA 92054 | [email protected] as it pertains to your motor vehicle or driving record(s). You agree that an electronic copy of this Authorization shall be as valid as the original.
15. Fees and Losses.
You are responsible for paying all fees when they come due in connection with your use of the Site. You authorize Vinty or any third party payment platform which Vinty may use to charge any payment cards on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for payment of usage fees from the start of your rental period until the time you return the car. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the rental period (and after, if the car has not been parked in an authorized and legal parking space). With regard to damage, losses or other liabilities, you acknowledge that any personal insurance you have available to you (e.g., personal auto insurance, insurance from credit cards, etc.) will be the primary source of funds for your liabilities hereunder and the protection offered by the Owner(s) will not be available to you until your personal insurance has been exhausted. In addition, Vinty protection may not be available to you in the event you breach your obligations under this Agreement (e.g. if you drive a vehicle while under the influence of drugs or alcohol or otherwise violate any of the Vinty User Policy). Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses or other liabilities relating to your rental activities through the Site. You agree that in the event damage is reported, Vinty may immediately charge you up to the amount stipulated with the protection package that you selected when you booked the car. Nothing in this Agreement is intended to limit your responsibilities or Vinty’s legal rights in connection with your use of the Site (or any vehicles rented through the Site) or the Site.
16. Use of the Car.
When you rent a car through Vinty, you may use the car only for your personal use and not for any commercial purposes (e.g. running a taxi service, Uber, etc.). You must exercise reasonable care in your use of the car. In the event Vinty has any concern about your use of a vehicle, Vinty may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the Owner(s). You are required to wear seatbelts during the operation of the car and to require that all of your passengers wear seatbelts as well. You are also required to meet any laws or regulations concerning car seats and other protections for young passengers. If you have any concerns about your planned use, please contact Vinty customer service at [email protected]. You will be fully responsible for any claims, loss or damage related to your misuse of a car. Renters also acknowledge that using a vehicle in a prohibited manner may lower the renter’s liability coverage to state minimum limits or nullify coverage, where allowed by applicable state law, and may furthermore nullify any comprehensive or collision protection.
17. Condition of the Car.
You understand that, unless otherwise specifically noted, the cars offered through the Site are owned by the Owner(s) and are not owned or maintained by Vinty. Each Owner is responsible for maintaining and repairing the car(s) they offer through the Site in a roadworthy condition and is ultimately responsible for the condition of the car at the beginning of the rental period. Please complete a visual inspection of any rented car before you begin your use of the car. If you find damage in your initial inspection, you must notify Vinty immediately, to avoid any confusion about your role in the cause of the damage, or you may be held liable for any damage. As an alternative, you and the Owner can jointly agree and document such agreement, with supporting photographs, of any pre-existing damage for which you as the renter should not be liable. If you find damage on your initial inspection and fail to report it, Vinty may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the car is not safe enough to drive, please do not use the car; in that event, please contact the Vinty team immediately at (415) 287-7643.
18. Incident Reporting.
You must immediately report any damage to the car you are using to Vinty at [email protected] and if there has been a collision, to the police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Vinty with a written description of the incident and any other information Vinty may request, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Vinty, the Owner(s), our and their claims administrators or insurers. After an incident, you may not continue to use the car unless you have the explicit written permission of Vinty staff or the Owner. Failure to timely report an incident may reduce or invalidate protection from Vinty.
You understand and agree that Vinty does not provide insurance of any kind to the renter or Owner(s) that renters must look to their personal insurance coverage or that of the Owner(s) for insurance coverage.
Vinty provides a Site to allow the Owner(s) and renters to connect in an easy and efficient way. Except as expressly provided in this Agreement, Vinty and the Owner(s) do not intend to take liability with respect to your use of the Site, the Site, or the applicable car(s). AS SUCH, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST VINTY AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “VINTY PARTIES”) AND THE OWNER(S) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE INCLUDING, WITHOUT LIMITATION, A CAR NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A CAR, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS AND, IN THE CASE OF THE VINTY PARTIES, ANY ACTIONS OR INACTION OF THE OWNER(S). YOUR WAIVER DOES NOT EXTEND TO ANY DAMAGES OR LOSSES RESULTING FROM ANY PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “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 MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Terms for Car Owners
By listing your car on Vinty, you agree to the following terms.
The Terms and Conditions set forth on Vinty’s Marketplace web site govern the vintage Vehicle rental services between vehicle Owners and approved Vehicle renters.
Vinty Provides These Services to Owner:
- Free access to the Marketplace to enable Owner to advertise and promote its vehicles by allowing Owner to offer set rental rates for a classic Vehicle that it wishes to rent;
- Unique log-in credentials for Owner to access the Marketplace;
- Information provided by prospective Renters who have accessed the Marketplace to rent Owner’s vehicle;
- Verification of all information provided by Renters;
- Access for approved renters to make reservations to rent Owner’s vehicle;
- Owner may elect to drive the vehicle at all times during the rental period or may rent the Vehicle to be driven by Renter;
- Processing of Renters’ payments for the Vehicle;
- Approval of Vehicles for rental through the Marketplace.
Owner’s Rights and Responsibilities:
- Rental Fees: Owner may set and revise a Vehicle’s rental rates
- Chauffeuring: May be required by Owner, or a Vehicle may be rented to be driven by Renter.
- Condition of Vehicle: Each Vehicle must be provided for Rental in accordance with the the standards set forth on the reverse and on the Marketplace web site: (i) properly registered and licensed; (ii) owned by Owner; (iii) suitable for the contemplated rental; (iv) clean and in safe operating condition;
- Honor Reservation: Owner shall honor all reservations made through the Marketplace;
- Insurance: Owner must maintain insurance coverage protection in accordance with the the standards set forth on the reverse and on the Marketplace web site against bodily injury and property damage to third parties
- Processing: Vinty processes rental payments through PayPal, Stripe, checks or credit cards.
- Commission: Vinty will send a check or use PayPal/Stripe to pay Owner the amount collected from Renters, less Vinty’s commission of such amounts.
- Taxes: Owner is responsible for all taxes, payment processing fees and other fees relating to or arising from a Vehicle rental through the Marketplace. Vinty may need certain information from Owner to ensure that it can report income paid to Owner as required by law. Vinty may withhold payments until it has received that information from Owner.
Further Terms and Conditions:
A. Owner’s Obligations. Owner agrees to:
1. Provide complete and accurate information as to each Vehicle listed through the Marketplace.
2. List only Vehicles owned by Owner that meet the requirements posted by Vinty on the Marketplace website from time to time.
3. Verify the identity of the renter by means of checking the renter’s valid driver license.
4. Make the Vehicle available for any reservation booked by Vinty and deliver the Vehicle to the renter as agreed or drive the renter to the location specifiedas represented to the renter. Owner must also include the location of the vehicle on its Marketplace profile page and ensure that the vehicle driven by the owner/operator specifies driving distance surcharges as applicable, and is available at the renter’s specified location at the beginning of the rental period.
5. Maintain the vehicle according to the guidelines set out on the Marketplace website, in a safe and roadworthy condition, consistent with industry safety and maintenance standards for a vehicle of its kind and in a clean and sanitary condition, properly registered and licensed to operate as a passenger transportation vehicle in your state of operation, suitable for performing the passenger transportation services contemplated by this Agreement.
6. Respond to any recall or similar safety notices and to complete any recommended action promptly.
7. Maintain insurance policies on the Vehicle that provide protection against bodily injury and property damage to third parties at levels of coverage that meet minimum insurance levels required by law. This must include: (a) Any no-fault coverage required by law that may not be waived by an insured; (b) Providing Vinty with a Certificate of Insurance to evidence coverage upon joining the Marketplace and thereafter every twelve (12) months, at any time insurance coverage changes or upon Vinty’s request; (c) Inform Vinty promptly in the event information previously provided changes; (d) Providing roadside assistance as needed for the Vehicle. Owner will be fully responsible for any losses or damages suffered by any party as the result of Owner’s, a renter’s or any third party’s activities under this Agreement or otherwise in connection with the rental of the vehicle.
8. Comply with any and all applicable laws and regulations pertaining to the Vehicle, including registration and insurance requirements.
9. Bear all risk of maintenance issues, theft, destruction, damage or bodily injury with respect to the vehicle, any personal property attached to or in the vehicle and, in connection with bodily injury, any renter or person riding in the vehicle; driven by the Owner or operator.
10. Grant Vinty an exclusive right to arrange for short-term rental of the Vehicle for a period of six (6) months after entering into this Agreement, and agree to be pay to Vinty the amount of any fees that Vinty would have earned under this Agreement if Owner enters into any such short-term rentals through any other means or mechanism.
11. Be fully responsible for all taxes, payment processing fees and other fees relating to or arising out of its activities under this Agreement, and provide Vinty with all information needed to report income paid to Owner as required by law.
12. Read and follow all of the policies and practices posted on Vinty’s web site, which policies and procedures are fully incorporated into this Agreement by this reference.
B. Owner’s Representations and Warranties.
Owner hereby represents and warrant that Owner: (a) has full power and authority to enter into this Agreement and perform its obligations hereunder; (b) has not entered into, and during the term will not enter into, any agreement that would prevent Owner from complying with this Agreement; and (c) will comply with all applicable laws and regulations in its performance of this Agreement.
C. Owner’s Rights. Owner may:
1. Withdraw any Vehicle from the Marketplace at any time unless a rental of that vehicle is in effect.
2. Offer any Vehicle for chauffered or display rental only.
D. Vinty’s Obligations. Vinty agrees to:
1. Provide a website for the Marketplace for short-term rentals of Vehicles as set forth above.
2. Accept and process payments for rentals. This shall be effected by Vinty accepting full payment for the rental and then forwarding payment for Owner’s share of the rental, less Vinty’s commission. Vinty may accept payment in its sole discretion via PayPal, Stripe, credit card, check, or any other payment mechanism.
E. Vinty’s Rights. Vinty may, in its sole discretion:
1. Modify or update these Terms and Conditions and the Fees. Any such modifications will take effect only as to new rentals.
2. Withhold payments until it has received required tax information from Owner.
3. Decline to enforce any right or provision in this Agreement without such failure constituting a waiver of such right or provision or any other.
4. If Vinty believes that Owner’s vehicle does not conform to reasonable standards, Vinty will notify Owner and reserves the rights to refrain from listing the vehicle on the Marketplace website until all concerns have been resolved.
5. Maintain during the term of this Agreement insurance related to the Services as determined by Vinty in its reasonable discretion, provided that Vinty is not required to provide Owner with any specific insurance coverage for any loss to Owner or its vehicle.
1. VINTY PROVIDES A MARKETPLACE THAT ENABLES VEHICLE RENTAL SERVICES BETWEEN VEHICLE OWNERS AND VEHICLE RENTERS. VINTY DOES NOT PROVIDE VEHICLE RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS MARKETPLACE, THE VEHICLE MANUFACTURER OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, VINTY HEREBY DISCLAIMS ANY WARRANTY OF ANY KIND WITH RESPECT TO THE VEHICLES AND OTHER PRODUCTS AND SERVICES PROVIDED BY OR THROUGH VINTY, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SERVICE, AND ANY VEHICLES RENTED THROUGH THE MARKETPLACE, IS AT OWNERS’ OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY OWNER FROM VINTY WILL CREATE ANY EXPRESS WARRANTY.
2. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VINTY BE LIABLE TO OWNER FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VINTY’S LIABILITY UNDER THIS AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE LESSER OF THE AMOUNTS PAID TO OWNER UNDER THIS AGREEMENT OR ONE HUNDRED DOLLARS ($100.00).
3. Up-Time. Vinty does not guarantee the availability, uptime, or security of the Marketplace website. Vinty shall not be responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems.
4. DMCA Notice. Digital Millennium Copyright Act of 1998 (“DMCA”) Notice set forth in Exhibit 1 is fully incorporated into this Agreement by this reference.
1. Entire Agreement. This Agreement and the information posted on the Marketplace web site contain the entire understanding between Owner and Vinty concerning Owner’s participation in the Marketplace and supersede any earlier verbal or written communications between the parties. Owner may not delegate its legal obligations or transfer any of its rights in whole or in part to any third party without advance written consent of the Vinty. Owner will remain responsible for its obligations hereunder in any event. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect.
Any modification or waiver of any term of this Agreement must be agreed to in writing by Vinty. Vinty’s failure to exercise any right under this Agreement will not constitute a waiver of any other right Vinty may have.
2. No Agency. Neither Vinty nor Owner intends to appoint the other as its employee or legal agent, to form any kind of legal partnership or joint venture, nor to authorize the making of any commitments on behalf of the other party, except as contemplated by the Marketplace or expressly stated in this Agreement.
3. No License. The Marketplace contains copyrighted material, trademarks and other proprietary information, all of which is individually and collectively protected by copyrights laws and other intellectual property laws in the United States and internationally. Except as part of the intended use of the Marketplace, Owner may not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. Except for content provided by users through the Marketplace, all of the content presented through the Marketplace is owned by Vinty and its licensors. All rights are hereby expressly reserved.
4. Governing Law. Owner agrees that the Marketplace shall be deemed solely based in California and is a passive entity that does not give rise to personal jurisdiction over Vinty, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Owner agrees to submit to the personal jurisdiction of a state court located in San Diego County, California or the United States District Court for the Southern District of California, for any actions for which Vinty retains 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 Vinty’s copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
5. Indemnity. In the event of any claim for a loss or injury that occurs during the use of an Owner’s vehicle by a Vinty renter, Owner will indemnify, defend (at Vinty’s option) and hold harmless Vinty and its respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines and taxes arising out of or related to: (a) Owner’s breach of its representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including renters, regulators and governmental authorities) directly or indirectly related to Owner’s rental of any vehicle. In connection with any indemnified claim, Owner is required to: (i) give Vinty prompt written notice of the claim; (ii) allow Vinty sole control over the defense of the claim; and (iii) provide Vinty reasonable cooperation in its defense of the claim, at Owner’s expense.
6. Disclaimers. Owner understands and agrees that Vinty is not a party to any agreements entered into between renters and owners and that Vinty is not a transportation service, agent or insurer. Vinty has no control over the conduct of renters or owners and other users of the Marketplace and disclaims all liability in this regard. .
7. Effectiveness. This Agreement shall commence when executed by the parties and shall continue until terminated. Either party may terminate this Agreement: (a) without cause at any time upon seven (7) days prior written notice to the other party; (b) immediately, without notice, for the other party’s material breach of this Agreement, including, but not limited to, Owner’s lapse in insurance coverage or vehicle registration or change in vehicle ownership; or (c) immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party.
8. Assignment. Owner may not assign this Agreement without Vinty’s prior written approval, and any purported assignment shall be void. Vinty may assign this Agreement without Owner’s consent to: (a) a subsidiary or affiliate; (b) an acquirer of Vinty’s equity, business or assets; or (c) a successor by merger.
9. Modifications. This Agreement constitutes the full and complete understanding of the parties hereto and may not be modified except by a writing signed by authorized representatives of each of the partieshereto.
10. Notices. All notices, or other communications that may be or are required under this Agreement shall be in writing and shall be delivered in person, mailed by registered or certified mail, return receipt requested, or delivered by a commercial courier guaranteeing overnight delivery. A nonbinding confirming copy of the notice shall also be sent by e-mail. Each party may designate by notice in writing a new address to which any notice may thereafter be so sent.
11. Severability. If any section, term or provision of this Agreement shall, to any extent, be invalid or unenforceable, the remainder of the section, term or provision of this Agreement shall not be affected thereby, and each remaining section, term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
12. Construction. The parties hereto acknowledge and agree that the language of this instrument shall be construed as a whole according to its fair meaning and not strictly for or against any of the parties.
14. Electronic Signatures. By clicking to accept or agree to these Terms of Service when this option is made available to you, you signify that you have read, understood, and agree to be bound by these Terms of Service.
15. Arbitration. Disputes shall be governed by the Arbitration Agreement contained in Exhibit 2.
Digital Millennium Copyright Act of 1998 (“DMCA”) Notice
This Notice applies to the paint schemes, decoration, art, and other visual features of Vehicles offered through the Marketplace.
Since Vinty respects artist and content owner rights, it is Vinty’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If a Vehicle Owner believes that Owner’s copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Marketplace, Owner shall notify Vinty’s copyright agent as set forth in DMCA.
For Owner’s complaint to be valid under DMCA, Owner must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that Owner claims has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on Marketplace; (d) Information reasonably sufficient to permit Vinty to contact Owner; (e) A statement that Owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that Owner is the copyright owner or is authorized to act on behalf of Owner. The above information must be submitted to the following: Vinty, Inc., Attn: DMCA Notice, 517 Brooks Street, Oceanside, CA 92054 Email: [email protected].
UNDER FEDERAL LAW, IF OWNER KNOWINGLY MISREPRESENTS THAT ONLINE MATERIAL IS INFRINGING, OWNER MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES.
This procedure is exclusively for notifying Vinty that Owner’s copyrighted material has been infringed. In accordance with the DMCA and other applicable law, Vinty has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, Marketplace users who are deemed to be repeat infringers. Vinty may also at its sole discretion limit access to the Marketplace and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Arbitration and Class Action Waiver
In the unlikely event that the parties (Owner, renter, and/or Vinty) have not been able to resolve a dispute between them after attempting to do so informally, the parties agree to resolve any claim, dispute, or controversy (excluding any of Vinty’s 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 JAMS/Endispute (“JAMS”) in San Diego County, California under the commercial rules then in effect for the JAMS, 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 Vinty from seeking injunctive or other equitable relief from the courts as necessary to protect any of its proprietary interests.
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. OWNER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, IT IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.