AGREEMENT

This Car Rental Agreement is entered into between CarsNow and the Member and outlines the respective rights and obligations of the Parties relating to the rental of a car.

1. Definitions

"Member" or "you": The person designated to receive and pay all fees, charges and other costs associated with membership, including application fees, membership fees, driving charges and other costs or fees as indicated in the Rules and Schedules described below.

"Contract": This Membership Contract and its Schedules, whether made available in print or electronically through CarsNow website or application. The Schedules are an integral part of this Contract.

"Schedules": All the schedules, rate plans and polices referenced in or incorporated into this Contract.

2. Scope of the Agreement

This Agreement is a vehicle-sharing service subscription contract between CarsNow and the Member. All Members are required to accept and comply with the terms and conditions set forth herein. By accepting the terms and conditions of this Contract and using CarsNow services, you accept and agree to comply with the terms and conditions of this Contract, as may be amended from time to time as provided herein.

3. Change of terms of Agreement

CarsNow reserves the right to change the terms of this Contract, including the associated Schedules, from time to time. We will give notice of material changes to Members. Unless we designate a different date for effectiveness, such changes will be effective when notice is given to Members and notice will be considered given when such notice is indicated and accessible from the first page accessed after the Member log-on, when it is provided by email to the Member's address on file with CarsNow, or it is provided via our website (carsnow.com) or other applicable form of communication such as by mobile application or text. You agree that continued use constitutes acceptance of any amended terms and conditions in a revised Contract, which shall be effective and binding on you.

4. Eligibility

To be eligible for our service, the Member must:

Be at least 25 years of age or older;
Hold a valid driver's license that authorizes the Member to drive in the jurisdictions in which the Member will use CarsNow vehicles, specifically Texas and California.
Hold a valid driver's license that authorizes the Member to drive in the jurisdictions in which the Member will use CarsNow vehicles and have a driving history of at least one year post qualification from a driving school. Hold their own car insurance and must provide at the time of enrolling as a new user.
Accurately, truthfully, and fully complete the application process with CarsNow and deliver all information and documents requested in the application or otherwise.

Satisfying the foregoing criteria does not automatically give an applicant the right to become a Member. Acceptance of the applicant's membership is subject to approval by CarsNow in its sole discretion and, without limiting the foregoing, membership may be denied based upon other factors determined by CarsNow in its sole discretion. In addition, even if approved for membership, a Member may be restricted from driving certain vehicles at CarsNow sole discretion.

5. Fees and Responsibilities of the Member

The Member agrees to pay the Company all applicable driving record/insurance verification, application, membership and similar fees associated with the Member's driving/membership plan. Such fees (if applicable) are not refundable, regardless of whether or not the application is accepted by the Company or a Member's membership terminates and new verification/application fees may be payable if a new membership application is resubmitted more than thirty (30) days after a Member's account with the Company is closed.
The Member is required to pay all fees and costs incurred when due, including, without limitation, application fees, driving record/insurance verification fees, membership fees (which are automatically charged when due), driving charges (including but not limited to mileage overage and surcharge and/or toll fees), sales and other taxes and levies, and other costs and fees as may be detailed in the Rules and Schedules or the Member's driving/membership plan. Members are billed for amounts due via credit or debit card or other means as established by the Company.
Any Member account which is past due will be suspended; however, any reservations booked in advance shall still be charged to the Member if not timely cancelled by the Member. If payment of any amount due is rejected by the credit or debit card provided by the Member, membership, and the use of Companys's services, may be suspended.
Members are responsible for providing and maintaining current credit card or debit card information on file with the Company. Under no circumstances will CarsNow be responsible for any overdraft or other fees charged by a Member's Credit Card Company or bank.
Members are responsible for providing and maintaining current email, mobile phone, preferred search address, mailing address and other account information. Telephone calls/texts, email correspondence and social media communications with the Company may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls/texts, emails and social media communications.
By applying for membership, each applicant authorizes the Company to obtain his/her driving records from the jurisdiction in which the applicant is licensed. Members who do not have a driver's license from the jurisdiction in which they reside must comply with the licensing requirements of such jurisdiction for driving in that jurisdiction.
The Company may at any time require Members to demonstrate compliance with the licensing laws of their jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in their jurisdiction of residence. The Company reserves the right to request additional information, such as a copy of a passport or proof of address at any time.

6. Damages; Damage Fee; Damage Fee Waivers

Damages Generally: A Member is financially responsible for any and all damages that occur to a the Company’s vehicle while in the Member's possession or control (including the entire time the vehicle is reserved under the Member's account), even if damage is weather-related, caused by a third party or arises from similar causes, and is responsible for the full value of any damages or injuries caused to third parties or their property. Such damages include, without limitation, the repair costs (estimated or actual) for the vehicle and third party property, injuries to third parties, costs associated with the related recovery.
Damage Fee: If a member is in compliance with all of the terms and conditions of this Contract, including providing all reasonable assistance to the Company in the event of any incident, the Member's financial responsibility will be limited to the first $1,000 of damage to the CarsNow vehicle per incident, the ("Damage Fee"). Members will be responsible for up to the full amount of the Damage Fee for actual, estimated or projected expenses, whether or not an actual claim is made or processed.

7. Third Party Liability

Except where required by law to be primary or excess, any third party liability protection provided by CarsNow shall be secondary to, and not in excess of, any applicable insurance available to you, or any other driver, from any other source, whether primary, excess, secondary, or contingent in any way. Any such third party liability protection afforded will only be up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. The limit for bodily injury sustained by any one person includes any claim for loss of that person's consortium or services. If this third party liability protection is extended by operation of law to anyone not permitted by this agreement to drive the car, or to any person or instance where coverage is not intended to be afforded by this agreement, the financial responsibility limits of the jurisdiction in which the accident occurs will apply.
You agree that CarsNow can provide coverage under a certificate of self-insurance or an insurance policy, as we choose. In any case, a copy of the policy and/or certificate will be available for your inspection at the main office of our parent company. You understand that unless required by applicable law, the Company will not provide (i) coverage for fines, penalties, punitive or exemplary damages; (ii) coverage for bodily injury to you, or your death while not a driver, or any member of your family or the driver's family members related by blood, marriage or adoption residing with you or them; or the drivers family, or to a fellow employee arising out of or in the course of employment; (iii) defense against any claim, unless the Company is required to provide primary protection, but in such event not after the applicable limits of protection that we furnish are tendered (iv) supplementary no fault, non-compulsory uninsured or under-insured motorist coverage, and any other optional or rejectable coverage, and you and CarsNow reject all such coverages to the extent permitted by law. Where any of these coverages are required or implied by law, the limits shall be the minimum required under applicable statute.
Where required by law, we provide Personal Injury Protection (PIP), or "no-fault" coverage, to the minimum level required by the jurisdiction in which the accident occurs, for injuries you may suffer in an accident. Members may also use their own health care coverage in case of injury and any personal injury coverage that the Member has available will be primary over any PIP or no-fault coverage the Company may provide where allowed by law. If any such protection described above is imposed by operation of law, then the limits of such protection will be the minimum required for protection by the law of the jurisdiction in which the accident occurs.

For clarification, any third party liability coverage provided under this Contract only applies when a Member is in compliance with the terms and conditions of this Contract, including providing all reasonable assistance to the Company in the event of any incident.

8. Limitations of Liability

Under no circumstances will the Company be liable to any member or any third party for any indirect, incidental, special or consequential damages, including loss of profit, revenue, goodwill, business opportunity or anticipated savings, arising from or related to this contract or use of the Company’s services.

Without limiting the foregoing, the Company shall have no liability for any loss of, or damage to, any goods in or on the vehicle or in or on any third party vehicle, any loss, damage, injury or death in relation to any Member or any third party arising from the use of the Company’s vehicle, loss or damage incurred by the Member as a result of any claims made by a third party, or loss or damage incurred by the Member arising from or in relation to either (i) the reservation, non-availability, supply, operation or use of a vehicle or (ii) any vehicle accessories, whether supplied by the Company or by a Member (for example, luggage racks, bicycle racks, baby seats and the like; the Member is responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or failure to carry out our responsibility.

9. Dispute Resolution

Pre-Dispute Resolution Procedure Before asserting a claim in any proceeding (including in an individual arbitration or in a small claims proceeding), you and the Company agree that we shall give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you are intending to assert a claim against the Company, you must send the written notice of the claim.
Agreement to Arbitrate. Except as otherwise provided, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, you and the Company agree to arbitrate all disputes and claims, including the interpretation and scope of this provision, and the arbitrability of the dispute or claim.
Applicable Law and Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.

10. Miscellaneous Provisions

The rights granted to the Member under this Contract are not assignable or transferable, in whole or in part. Any attempt to transfer this Contract without the written consent of the Company shall be void and of no force and effect.
If any term, provision, covenant or condition of this Contract is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Contract had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
This Contract is governed by the laws in force in the Texas and California and shall be interpreted according to the internal laws without reference to its conflicts of laws or choice of law rules. All disputes hereunder shall be resolved solely Texas and California.