HyreCar Terms of Service
Policy Effective: May 16, 2023
Welcome to HyreCar! The website located at www.hyrecar.com and the mobile application (the “Platform”) are copyrighted works belonging to HyreCar LLC (“HyreCar”, “Company”, “us”, “we”). These Terms of Service (this “Agreement”), and all of the policies, guidelines, rules, and agreements included through our Platform, collectively create the legally binding terms and conditions on which HyreCar offers you access to and use of its services, which include the use of the Platform, products, and marketplace (collectively, the “Services”). If you decide to access and use the Services, you agree to be bound by this Agreement, our policies, guidelines, rules, and agreements which are incorporated by reference. In using our Services, you also agree to abide by all local, state, or federal laws and regulations. IF, FOR ANY REASON, YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE STOP USING THE SERVICES IMMEDIATELY.
BOTH YOU AND HYRECAR AGREE, WITH THE LIMITED EXCEPTIONS NOTED BELOW, TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION. BINDING INDIVIDUAL ARBITRATION MEANS THAT YOU AND HYRECAR ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION IN THE EVENT OF A DISPUTE.
We do not represent our Services are governed by or operated in accordance with the laws of other nations, or that the Services or any portion of them are appropriate or available for use in any particular location. If you choose to access the Services, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations.
This Agreement is also for the express benefit of HyreCar’s representatives, trustees, directors, officers, shareholders, subsidiaries, employees, attorneys, and agents. If, and to the extent, an action of any kind is brought against any such person or entity on account of our Services or any communications and interactions with HyreCar through our Services, such persons or entities shall have all of the protections afforded by this Agreement, including any dispute resolution procedure.
BY ACCESSING OR USING OUR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU FURTHER REPRESENT THAT YOU ARE AT LEAST 26 YEARS OF AGE (21 YEARS OF AGE IN NEW YORK) AND THAT YOU ARE NOT A PERSON BARRED FROM RECEIVING OUR SERVICES UNDER THE LAWS OF THE UNITED STATES OR ANY OTHER APPLICABLE JURISDICTION.
1. Your Use of Our Services
You may access portions of our Platform without registering. However, you will be required to register with and sign into the Services to access all of our features. You are responsible for maintaining the confidentiality of your username, password, and other information used to register and sign into our Platform, and you are fully responsible for all activities that occur under this username and password. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at firstname.lastname@example.org. If you interact with us or with third-party service providers, you agree that all information that you provide will be accurate, complete, and current.
We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services or any part thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services or any part thereof. HyreCar is a marketplace technology platform that helps owners of vehicles (“Owners”) connect with vehicle drivers in temporary need of a vehicle (“Drivers”) for use with transportation network companies or delivery services companies (“Car Share Companies”). HyreCar does not itself rent vehicles; we only provide a service connecting Drivers to Owners.
HyreCar’s goal is to create and maintain a marketplace of trustworthy Owners and Drivers. Although HyreCar can help to facilitate the transaction between Owners and Drivers, we do not guarantee the quality or safety of the vehicles listed on our site, nor can we guarantee the truth or accuracy of any listings, or whether Owners and Drivers will actually consummate a transaction, including the completion of any payment obligations.
2. Third Party Links, Ads, and Other Users
Our Platform may link to other websites and/or display advertisements for third parties (“Third Party Platforms”). You acknowledge and agree that HyreCar does not control and is not responsible for the availability of Third Party Platforms. Furthermore, HyreCar and does not endorse and is not responsible or liable for any content, advertising, products and/or other materials on or available from such Third Party Platforms. HyreCar makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Third Party Platforms and shall have no liability for any damages or injuries of any kind arising from such content or information. You further acknowledge and agree that HyreCar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such other Third Party Platform. Inclusion of any third party link does not imply an endorsement or recommendation by HyreCar. When you click or link to a Third Party Platform, the applicable third party’s terms and policies apply.
3. Using HyreCar
Owners and Drivers will enter into a vehicle rental agreement when transacting with each other as part of using the HyreCar Services (“Vehicle Rental Agreement”). This Vehicle Rental Agreement will cover terms including pricing, fees, liability for any traffic and/or parking violations, issues related to the use of the vehicles and any damage related to that use. In accordance with the Vehicle Rental Agreement, Owners and Drivers are expected to resolve any disputes, including alleged damage or other issues, directly with one another. The Owner and Driver will each be solely liable and will hold HyreCar harmless for any additional terms agreed upon that are not included in or conflict with the Vehicle Rental Agreement.
Owners and Drivers further agree to honestly represent themselves in their communications with HyreCar and other users, to honestly represent any claims or allegations of damage, and to work in good faith to resolve any disagreement with HyreCar and other users. Owners and Drivers will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time users.
To fully use the Services, you must create an account (“User Account”) with HyreCar by providing certain complete and accurate information and documentation, including (but not limited to) your name, date of birth, a certification that you have passed a background check with a Car Share Company, a valid driver’s license, an email address and password, and other identifying information as may be necessary. Each Driver may open and maintain only one User Account with HyreCar. There are no fees for Drivers to search for vehicles on the Platform.
When you set up a User Account, you hereby agree, in accordance with the Fair Credit Reporting Act and appliable consumer reporting laws, as applicable, to allow HyreCar to obtain and review some or all of the following: your personal motor vehicle reports, your credit report, your auto insurance score, and a background check, which may include a criminal background check (“Background Checks”).You also give your permission for HyreCar to re-pull, refresh or otherwise reinitiate any element of the Background Checks at any time during which your User Account is active. You also agree to provide any further necessary authorizations to facilitate our access to such records of a Background Checks during the term of the Agreement.
HyreCar reserves the right to decline, restrict or otherwise take action against you and your User Account based on any information included in any such Background Check, including for any breach of this Agreement and/or our Services. HyreCar may terminate or restrict your User Account for any or no reason at any time. If adverse action is taken based on the result of any element of the Background Check then, upon your request, we will provide information on where we received the information. HyreCar may provide without notice any information necessary to the Owner, insurance companies, or law enforcement authorities to assist in the filing of a stolen car claim, insurance claim, vehicle repossession, or legal action.
To use the services as an Owner, you must provide information such as your name, address, phone number, and email address. Your owner listing page will also include information such as the city and neighborhood where the vehicle is located, your listing description, your public profile photo, your responsiveness in replying to Drivers’ queries, and any additional information you share with other Users via the Platform. Your public listing page may also include aggregate demand information (such as number of page views over a period of time).
You agree to: (a) honestly represent yourself and your vehicle in your communications with HyreCar and other users; (b) use photographs that accurately reflect the condition of the vehicle at the time of rental; (c) maintain only one active listing, per vehicle, at a time; (d) use and maintain a functioning GPS and/or telematics device in the vehicle in compliance with applicable state law; (e) truthfully represent any claims or allegations of damage; and (f) work in good faith to resolve any disagreement with HyreCar and other Users. Any violation of these terms may result in the denying of any insurance claim or a claim against you.
Unless you have entered into another agreement with HyreCar, there are no fees for Owners to list vehicles on the Platform. Dealers and fleet owners that have entered into separate agreements with HyreCar may have additional or differing terms than those stated in this Agreement. In the event of a conflict between any provisions of this Agreement and the provisions of a separate platform agreement (“Platform Agreement”) executed by you and HyreCar, the provisions of the Platform Agreement shall control only if the Platform Agreement provisions specifically reference the conflicting provisions of this Agreement.
4. Off Platform Rentals & Arrangements
Off platform rentals are rental arrangements, oral or written, made between an Owner and Driver outside of the Platform, while attempting or intending to benefit from any of the Services or the Platform, including without limitation, insurance coverage (“Off-Platform Transaction”). Off-Platform Transactions are not permitted. If you receive an offer to rent a vehicle outside HyreCar or any other Off-Platform Transaction, please report it to HyreCar immediately. If you fail to follow these requirements, you may be subject to a range of actions, including limits on your access to our Services, restrictions on listings, suspension of your account, application of fees, and recovery of our expenses related to policy monitoring and enforcement. Furthermore, Off-Platform Transactions are explicitly excluded from any HyreCar offered insurance coverage or claims.
5. Rental Fees
To complete a booking and rent a vehicle, the Driver and Owner will enter into a Vehicle Rental Agreement that will specify the terms of the rental including the duration, costs, fees and other relevant information. HyreCar charges a fee to the Driver and Owner equal to a specified percentage of the vehicle rental price. Drivers and Owners will be notified of the amount owed to HyreCar before completing the booking. After Driver and Owner agree to a price for Driver’s rental of Owner’s vehicle, and sign the Vehicle Rental Agreement, the Driver will make a payment to the Owner using the HyreCar Platform.
In addition to any amount due, delinquent accounts, and chargebacks will be assessed additional fees including, but not limited to, collection fees, or other third party charges. Further, if your payment method fails or your User Account is past due, we may collect fees owed by charging other payment methods on file with us, retaining collection agencies, and/or legal counsel to pursue such fees. You are responsible to reimburse HyreCar for all costs of collection, including collection agency fees, third party fees, and attorneys’ fees, and costs. Collection agencies may report information about your User Account to credit bureaus. As a result, late payments, missed payments, and other defaults on your User Account may be reflected in your credit report.
Drivers and Owners must have a valid payment method on file in their User Accounts at all times, and agree to pay all fees and applicable taxes associated with the Services by the payment due date. In addition to the fees set forth in the Vehicle Rental Agreement, by using the Platform and entering into a rental transaction, the Driver authorizes that up to $1,000 may be charged to the Driver’s payment method on file in the event that there is a verifiable claim in excess of the security deposit for the rental.
6. Tickets and Toll Administration
Drivers are fully responsible for the payment of moving violations, parking tickets, camera tickets, and tolls incurred during the rental period; including tolls incurred while using an Owner’s transponder device. Drivers are not liable for tickets related to vehicle compliance or registration unless the Driver is the cause of such infractions. For example, tickets for tinted windows, “fix-it” tickets, or tickets for lapsed insurance or registration are the responsibility of the Owner.
7. Promotional Offers
HyreCar may make promotional offers with different features and different rates to any User. These promotional offers are subject to HyreCar’s Terms for Promotional Offers, the terms of each promotion, this Agreement, and may be valid only for certain Users, during a certain period of time, or as otherwise indicated in the promotion. You agree that promotions: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by the terms of the promotion; (iii) are subject to the specific terms that HyreCar establishes for such promotion; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the promotion. HyreCar reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that HyreCar determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. HyreCar reserves the right to modify or cancel an offer at any time. HyreCar’s Terms for Promotional Offers (the current version of which is available at https://support.hyrecar.com/hc/en-us/articles/16813785200401 and which is incorporated in this Agreement by reference) apply to all promotions. You agree that we may change HyreCar’s Terms for Promotional Offers at any time.
8. Our Intellectual Property
The name HyreCar, the Platform, and all other HyreCar marks, logos, designs, and phrasing used in connection with our Services are trademarks, service marks, or trade dress of HyreCar in the United States may not be used without the prior and express written permission of HyreCar.
HyreCar and our associated logos and names, if any, are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used in conjunction with our Services, such as trademarks, service marks, names, or logos associated with third-party organizations, are the intellectual property of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.
Our Platform and Services may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Platform and Services. We hereby grant you a, limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to access our Platform solely for a use authorized by this Agreement. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Platform or Services or any adaptations thereof unless expressly set forth herein.
9. Content You Submit
User Content” means any and all information and content that a user submits to, or uses with, the Platform (e.g., content in your User Account, listings, testimonials, communications with us or other users). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by us, other Users, or third parties, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (described below). Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
You retain ownership of any intellectual property contained in your User Web Content. However, you hereby grant (and you represent and warrant that you have the right, permission, consent, or license to grant) us and other users of the Platform a royalty-free and fully paid, irrevocable, transferable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, public performance, prepare derivative works of, and incorporate into other works) any and all User Content that you submit to us or through our Platform. You also waive to the fullest extent permitted by law any and all claims against us related to moral rights in the User Content. In no circumstances will we be liable to you for any exploitation of any User Content that you submit.
HyreCar has no obligation of protecting as proprietary or confidential, express or implied, with respect to any User Content that you submit to us through our Platform, email, telephone, or otherwise, such as any questions, comments, suggestions, feedback, or the like. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary. HyreCar shall be entitled to use, exploit, or disclose (or choose not to use, exploit, or disclose) such User Content at our sole and absolute discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances whatsoever). We shall be free to use any ideas, concepts, know-how or techniques contained in any communication from you to us or another user through our Platform, for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products, without further authorization from you and without any compensation to you.
10. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”
(a) You agree not to use the Platform to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Platform unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Platform to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Platform), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Platform; (vi) use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file); (vii) assign or transfer your User Account to any other entity or person; (viii) continue to use the Services if your User Account has been suspended or restricted; or (ix) take any action to circumvent the Services, including completing, initiating, arranging or executing any transactions between an Owner and Driver outside of the Platform.
(c) Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your User Account, and/or reporting you to law enforcement authorities.
11. Procedure for Claims of Copyright Infringement
We have adopted a policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ User Accounts. If you have a good faith belief that your copyright is being infringed by any content accessible on or through our Platform, please send a notice of claimed infringement, including the information listed below (pursuant to 17 U.S.C. § 512(c)), to our designated Copyright Agent at:
By mail: 55 Green Street, San Fransisco, CA 94133
By email: email@example.com
To be effective, the notice of claimed infringement must include the following required contents:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work on our Platform claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled;
- information reasonably sufficient to permit us to locate the material (providing specific URLs is the best way to help us locate the content quickly);
- Information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted;
- A statement the complaining party 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 the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
When vehicles are rented via the Platform, HyreCar extends its limited insurance to Drivers and Owners (“HyreCar Insurance”). HyreCar Insurance extended to the Driver does NOT replace an Owner’s requirement to maintain personal or other insurance as required by law or as required by the Car Share Companies. Owner understands and agrees that rental of a vehicle may constitute a commercial use of that vehicle. Further, under New York law, Owner understands and agrees that Owner may be liable for a Driver’s negligence during a rental period, and Owner’s personal insurance policy may be considered primary insurance for damages resulting from Driver’s negligence during a rental period. HyreCar Insurance only provides limited livery insurance while the vehicle is actively being rented through the HyreCar platform. HyreCar Insurance is only valid in partnership with the insurance provided by the Car Share Companies. Therefore, if Driver does not hold an active account that is in good standing with a Car Share Company, Driver may be denied coverage by HyreCar Insurance and Driver could be held fully liable for any and all damages, costs, or fees incurred during the rental period. Drivers and Owners have tiers of coverage that they can select when renting through the Platform. Insurance information, based on the protection tiers offered through HyreCar, will be delivered to Driver once Owner confirms booking.
HyreCar Insurance, when applicable, is limited to state minimum requirements and $50,000 in physical damage insurance per incident, unless otherwise selected through a HyreCar protection plan. The HyreCar insurance policy serves as primary insurance when a Driver has picked up a Vehicle from an Owner and the Driver has a Car Share Company application turned off. The HyreCar Insurance covers only physical damage when the Driver has the Car Share Company application turned on, but has not accepted a ride or delivery. The Car Share Companies may offer third party liability protection during this period. The HyreCar Insurance is secondary when the Driver is engaged in a ride facilitated by a Car Share Company. Generally, to qualify for the insurance coverage included in service provided by a Car Share Company coverage shall only apply if the “auto” driven by the Driver at the time of “loss” was insured for collision and/or comprehensive coverage under a:
- personal auto insurance policy that includes the Driver as an “insured;” or
- personal auto insurance policy that includes the “auto” driven by the Driver as a covered “auto.”
It is your responsibility to check Car Share Company coverages and policies prior to engaging in a rental. Depending on its terms, your personal automobile insurance policy likely does not provide any coverage while you are using the Car Share Company application and are available to receive a ride request, or are engaged in a prearranged ride. HyreCar Insurance will not provide any state filings for Owner to obtain a vehicle plate or to annually renew a sticker or other state requirement. HyreCar will also not prepare or submit any state filings which may be required in the case of any accident or vehicle damage. Drivers and Owners are responsible for obtaining and maintaining any and all insurance each deems necessary to provide appropriate coverage and policy limits.
Insurance policies and protections may vary from time to time. For the most up-to-date information on HyreCar insurance protections, please see our Insurance Policy & Protection Plans.
13. Authorization to Contact You
You can choose to receive communication from HyreCar. You can choose to opt-in to receive marketing or account updates via text and we may contact you using email, autodialed, prerecorded, or artificial voice calls or media messages, at any email or telephone number that you have provided to HyreCar. We may contact you to, among other things, (1) discuss your account, including any transactions related to your account; (2) address or resolve any issues or problems with your account; (3) resolve a dispute; (4) collect any amounts due or past due; (5) inquire about your experience using our Services; (6) as necessary to provide the Services to you; and/or (7) for marketing purposes, including any offers or promotions related to the Services. Your consent is not a condition of receiving property, goods, or services. HyreCar may monitor or record telephone conversations for quality control, training purposes or for its own protection.
When creating an account with HyreCar, you can opt-in to short message service (SMS) and/or multimedia message services (MMS) notifications to receive marketing and account updates. Messaging frequency varies. You may text “DRIVE” to 32091 to receive account updates by SMS or MMS. You may also text “HYRE” to 32091 to receive marketing updates by SMS or MMS. You can cancel both account and marketing updates at any time by texting “STOP” as a reply or to 32091 from the mobile device receiving messages. We will send you a message to confirm that you have been unsubscribed. If you opt out of receiving messages, you understand and acknowledge that you may not receive the full value of HyreCar’s Services. For further support, text “HELP” or email us at firstname.lastname@example.org. Wireless service providers are not liable for delayed or undelivered messages. Message and data rates may apply.
14. Pricing and Product Descriptions
Although we make reasonable efforts to provide accurate pricing information and services descriptions, pricing mistakes, typographical errors, or mistakes regarding vehicle availability may occur. We reserve the right to correct such mistakes and errors. In the event that a service is listed at an incorrect price or a vehicle availability or description is inaccurate, we shall have the right, in our sole discretion, to reject any order or to cancel any orders placed for that vehicle or service.
You agree to indemnify and hold HyreCar and its representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents harmless from any and all third party claims, demands, actions, suits, losses, obligations, liabilities, judgments, proceedings, damages, expenses and costs (including actual attorneys’ fees and expenses), arising out of or in connection with (i) your use of the Services; (ii) your breach or violation of any of the terms on which the Services are offered to you, including Platform Agreement terms, if any; (iii) your breach or violation of any of the terms upon which you agree with other users, which can include loss or damage to any vehicle and any loss or damage rising from the use of any vehicle; (iv) any action or omission by you that causes HyreCar to be sued by an Owner, Driver, passenger, or other third party; (v) your violation of applicable laws or regulations; or (vi) any additional terms from an Owner and/or Driver that are separate from or conflict with the terms of this Agreement or the Vehicle Rental Agreement; and (vii) your User Content.
You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation with or without your consent.
16. Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HYRECAR DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO ITS PORTALS AND/OR SERVICES AND ANY CONTENT OBTAINED THROUGH THE PLATFORMS AND/OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.
HYRECAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED: (1) THAT ITS PLATFORM AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (2) THAT THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH ITS PLATFORM AND/OR SERVICES WILL MEET YOUR EXPECTATIONS; (3) THAT THE OPERATION OF THE PLATFORM AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED; OR (4) THAT THE PLATFORM, OUR SERVERS, OR COMMUNICATIONS SENT FROM HYRECAR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR MOBILE DEVICE(S) AND/OR FOR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR PLATFORM AND/OR SERVICES.
NO AGENT, EMPLOYEE, OR REPRESENTATIVE OF OURS HAS ANY AUTHORITY TO BIND US TO ANY AFFIRMATION, REPRESENTATION, OR WARRANTY RELATING TO OUR PRODUCTS AND/OR SERVICES OTHER THAN AS SPECIFICALLY PROVIDED HEREIN.
HYRECAR IS A MARKETPLACE, WHICH MEANS IT IS A TECHNOLOGY PLATFORM THAT HELPS MATCH VEHICLE OWNERS AND DRIVERS WHO TEMPORARILY NEED THE USE OF A VEHICLE AND VICE VERSA. HYRECAR DOES NOT ITSELF RENT VEHICLES AND HYRECAR IS NEITHER RESPONSIBLE NOR LIABLE FOR THE ACTS OR OMISSIONS HYRECAR OF ITS USERS, THE VEHICLE MANUFACTURERS OR ANY THIRD PARTY PRODUCT OR SERVICE PROVIDERS THAT MAY AFFECT THE USE OF ANY VEHICLES MADE AVAILABLE BY USERS ON ITS TECHNOLOGY PLATFORM.
HYRECAR’S SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HYRECAR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS. THIS INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. HYRECAR MAKES NO REPRESENTATION AND DOES NOT GUARANTEE SUCH THINGS AS QUALITY, SUITABILITY OR RELIABILITY OF THE SERVICES, WHICH INCLUDES SUCH THINGS AS THE QUALITY, FUNCTIONALITY, AVAILABILITY OF ANY VEHICLE, OR THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. HYRECAR DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE ERROR FREE, NOR DOES IT REPRESENT OR WARRANTY A PARTICULAR QUALITY, SUITABILITY OR SAFETY. YOU AGREE THAT ANY AND ALL RISK ARISING OUT OF USING THE SERVICES REMAINS SOLELY WITH YOU, TO THE EXTENT ALLOWED UNDER ALL APPLICABLE LAW.
HYRECARD CANNOT GUARANTEE THAT EACH OWNER, VEHICLE, OR DRIVER IS WHO HE OR SHE CLAIMS TO BE. PLEASE USE COMMON SENSE WHEN USING THE PLATFORM, INCLUDING LOOKING AT THE PHOTOS OF THE VEHICLE AND OTHER PARTY WITH WHOM YOU ARE ENGAGING. PLEASE NOTE THAT THERE ARE ALSO RISKS OF DEALING WITH UNDERAGE PERSONS OR PEOPLE ACTING UNDER FALSE PRETENSE, AND HYRECAR DOES NOT ACCEPT RESPONSIBILITY OR LIABILITY FOR ANY USE OR ACCESS OF THE PLATFORM BY UNDERAGE PERSONS OR THOSE IN VIOLATION OF THIS AGREEMENT.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
17. Limitation of Liability
HYRECAR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH WOULD INCLUDE, BUT IS NOT LIMITED TO, LOST PROFITS OR DATA, GOODWILL, DAMAGE TO REPUTATION, INJURY OR INTERRUPTIONS OF SERVICE. THESE LIMITS EXTEND TO ANY AND ALL POSSIBLE LEGAL CLAIMS AND THEORIES AND WHETHER THE CLAIMED DAMAGES ARE FINANCIAL OR NON-FINANCIAL IN NATURE. HYRECAR SHALL NOT BE LIABLE FOR ANY LIABILITY OR DAMAGE RELATED TO OR ARISING OUT OF YOUR USE OF (OR INABILITY TO USE) THE SERVICES, THE PLATFORM OR ANY TRANSACTION OR INTERACTION WITH ANY OTHER USER OF THE SERVICES. YOU UNDERSTAND THAT HYRECAR PROVIDES THE TECHNOLOGY AND PLATFORM FOR YOU TO INTERACT WITH OTHER USERS, AND, AS SUCH, HYRECAR CANNOT AND DOES NOT GUARANTEE ANY PARTICULAR PERFORMANCE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR PLATFORM AND/OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR PLATFORM AND/OR SERVICES.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIMITATIONS OF LIABILITY OR DAMAGES. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
To the fullest extent permitted by law, you release HyreCar and its affiliates and subsidiaries, and any of their trustees, members, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature (including personal injuries, death, and property damage), known and unknown, arising out of or in any way connected with the following: (i) disputes between users, including those between you and other users; (ii) third party sites and services, including content and/or services found on such sites and services; (iii) disputes concerning any use of or action taken using your User Account by you or a third party; and/or (iv) claims relating to the unauthorized access to any data communications or content stored under or relating to your User Account, including unauthorized use or alteration of such communications or your content.
If you have a dispute with one or more of our users, or with any party who provides advertising or third party services, on, or through our Platform or in conjunction with our Services, or with any party who provides any website/application linked to our Platform, your dispute is solely with that user or third party, and you release HyreCar from all claims, demands, and damages (direct, incidental, indirect, punitive, statutory, exemplary, expectation, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 WHICH STATES THAT “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 THIS RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” THE LIMITATIONS IN THIS SECTION NEITHER LIMIT NOR ALTER ANY RIGHTS YOU MAY HAVE AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542.
You agree not to file any action or lawsuit inconsistent with the foregoing release.
19. Dispute Resolution Agreement
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with HyreCar and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. YOU AND HYRECAR MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate is governed by the Federal Arbitration Act.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of the Platform or Service that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. HyreCar’s rights and obligations under this arbitration provision shall inure to the benefit of the consumer reporting agency regardless of whether the consumer reporting agency is named as a co-defendant with HyreCar or named individually in a claim that would otherwise be subject to this arbitration provision if brought against HyreCar.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 915 Wilshire Blvd., Suite 1950, Los Angeles, CA 90017 with copy to email@example.com. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Agreement. The AAA Commercial Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence in the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
(m) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(n) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(o) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose.
20. Notice for California Users
Under California Civil Code Section 1789.3, users of our Platform and Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
22. Statute of Limitations
You and HyreCar agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement, our Platform, our Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We may permanently or temporarily terminate or suspend your access to our Platform and/or Services without notice and without liability for any or no reason, including if, in HyreCar’s sole determination, you violate any provision of this Agreement. Any such termination will be without prejudice to HyreCar’s rights, remedies, claims, or defenses hereunder.
Upon termination of your access to or ability to use our Platform and Services, including but not limited to suspension of your User Account, your right to use or access any Service and/or any content will immediately cease. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of our Platform and Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to us or any third party.
You may terminate your User Account with us and under this Agreement at any time by emailing us at firstname.lastname@example.org.
Our failure to exercise or enforce any right or provision of these Agreement shall not operate as a waiver of such right or provision. The section titles in these Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of these Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of these terms and conditions shall continue in full effect. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign this Agreement. This Agreement shall be binding upon assignees.
25. Electronic Communications
The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
HyreCar may provide notice to you related to the Services electronically by directing that notice to the email address you have provided to HyreCar, or by written notification mailed to the last physical address that you have provided. Notice shall be deemed effective 48 hours after it is sent (if by email) or posting (if by regular mail).
27. Copyright/Trademark Information
Copyright © 2023 HyreCar LLC All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
28. HyreCar Contact Information:
55 Green Street
San Fransisco, CA 94133