Terms and Condition

Welcome to carmen-cars.com, a peer-to-peer vehicle car sharing marketplace web site and online service provided by Carmen Cars, Inc. (“Carmen Cars”, “we,” or “us”). This Terms of Service Agreement (“Agreement”) describes the terms and conditions that govern your use of and participation in Carmen Cars services. Carmen Cars services include our web site, web widgets, feeds, mobile device software applications (the “Carmen Cars Software”), applications for third-party web sites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Carmen Cars (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU UNDERSTAND AND AGREE THAT Carmen Cars IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN GUESTS AND HOSTS, NOR IS Carmen Cars A TRANSPORTATION SERVICE, AGENT, OR INSURER. Carmen Cars HAS NO CONTROL OVER THE CONDUCT OF GUESTS OR HOSTS AND OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement, we will update the last modified date at the top of this page. If there are material changes to this Agreement, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
Use of Our Service
Eligibility

This Service is intended solely for licensed drivers nineteen (19) years of age or older, and any registration, use, or access to the Service by anyone under 19 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Carmen Cars, unless Carmen Cars has given you written notice of reinstatement. All Users must pass our Eligibility Requirements and must provide all necessary and complete documentation for determining eligibility throughout your use of the Service, as may be determined and requested by Carmen Cars in its sole discretion. You acknowledge and agree that Carmen Cars may change its Eligibility Requirements at any time and for any reason.

Carmen Cars Accounts

Parts of our Service requires that you open a user account (“Account”). In order to reserve a vehicle from another User on Carmen Cars, you will need to apply for a “Guest” Account. In order to share your vehicle with another User on Carmen Cars, you will need to apply for a “Host” Account.

As used in this Agreement, “Host” shall mean any User that establishes a “Host” Account and submits a vehicle that meets all of the eligibility requirements set forth in this Agreement and the Eligibility Requirements, incorporated herein by reference, to be shared through or via the Service.

As used in this Agreement, “Guest” shall mean any User that establishes a “Guest” Account, which would allow such User to reserve a vehicle through or via the Service.

By applying for a Guest or Host Account, you give us permission to disclose the information you provide on your application to third parties for verification purposes and to obtain additional information about you. Carmen Cars may accept or reject Guest or Host Account applications, in our sole discretion, for any reason. If you are accepted for a Guest and/or Host Account, you acknowledge and agree to abide by this Agreement and the Vehicle Eligibility Requirements which are applicable to your particular type of Account.

Users with a Guest or Host Account are collectively referred to in this Agreement as “Members.” Your Member Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. Each transaction in which a Guest reserves a vehicle from a Host via the Service is referred to in this Agreement as a “Reservation.”

Unless you are creating a Business Account, you acknowledge and agree as follows:

Your Member Account is for your personal use only.
You may not use another Member’s Account, permit anyone else to use your Member Account, or assign or otherwise transfer your Member Account to any other person or entity.

When applying for and creating your Account, you must provide accurate and complete information and keep such information updated and accurate throughout the term of this Agreement. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify Carmen Cars immediately of any breach of security or unauthorized use of your Account. Carmen Cars will not be liable for any losses caused by any unauthorized use of your Account.

You may control your Member profile and how you interact with the Service by changing the options in your Settings page. By providing Carmen Cars your email address, you consent to our using of the email address to send you Service-related email, including any notices required by law, in lieu of communication by postal mail. By providing Carmen Cars your cell phone number, you consent to our using of the phone number to send you Service-related SMS messages. You may not opt out of Service-related emails or SMS messages. BY SIGNING UP FOR AN ACCOUNT ON Carmen Cars AND PROVIDING YOUR PHONE NUMBER, YOU AGREE TO RECEIVE TEXT MESSAGES FROM US. We may also use your email address and/or cell phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences on your Settings page. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.

Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots, “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Carmen Cars servers than a human can reasonably produce in the same period of time using a conventional online web browser, except that Carmen Cars grants the operators of public search engines revocable permission to use spiders to copy materials from carmen-cars.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including Account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict the use or copying of any content, or enforce limitations on use of the Service or the content therein.

Carmen Cars may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if, in Carmen Cars’s sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. All aspects of the Service are subject to change or elimination at Carmen Cars’s sole discretion. Carmen Cars reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Carmen Cars will not be liable to you for any interruption of the Service, delay, or failure to perform.

While using the Service, you may receive information disclosed by us that would, under the circumstances of such disclosure, appear to a reasonable person to be confidential or proprietary (“Confidential Information”). You may not use any of our Confidential Information for your own use or for any purpose other than to carry out discussions concerning, and the undertaking of, your use of and participation in the Service (the “Relationship”). You shall not disclose or permit disclosure of any Confidential Information to third parties or to your employees (if any), other than your directors, officers, employees, and consultants who are required to have the information in order to carry out the discussions regarding the Relationship. You shall take reasonable measures to protect the secrecy of and avoid disclosure or use of our Confidential Information in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized under this Agreement to have any such information. Such measures shall include the degree of care that you use to protect your own confidential information of a similar nature. You shall immediately notify us of any misuse, misappropriation or unauthorized disclosure of our Confidential Information that may come to Recipient’s attention.
Policies and Procedures; Reservation Confirmations; Feedback

If you are a Host, you agree to our Host Policy and Parking Policy, incorporated herein by reference. If you are a Host, by accessing or using the Service, you signify that you have read, understood, and agree to be bound by the Host Policy. If you are a Guest, you agree to our Guest Policy incorporated herein by reference. If you are a Guest, by accessing or using the Service, you signify that you have read, understood, and agree to be bound by the Guest Policy. If you are a Guest and/or Host, you signify that you have read, understood, and agree do be bound by our Promotions Policy.

If you are using the Service as a Host and your vehicle requires the installation of a Carmen Cars Connect device, your use of the Services are subject to, in addition to these Terms, the Connect Terms and Conditions (the “Connect Terms”) incorporated herein by reference.

Additionally, as a Host, you represent and warrant that (i) you own or have all the necessary rights, consents, and authority to permit the vehicle you submit to be used as contemplated by the Service; and (ii) the use of the vehicle you submit as contemplated herein will not violate any rights of a third party or any agreement with respect to such vehicle, including any leasing or financing agreement.

As a Host, you may utilize an agent(s) (“Manager”) to satisfy your obligations under this Agreement and the Host Policy, which may include (but is not limited to) managing a Car to be reserved through or via the Service, provided that : (a) you and the Manager have a valid, written agreement (“Management Agreement”) under which the Manager agrees to abide by all of the terms and conditions of this Agreement with respect to the activities it is performing under the Management Agreement; and (b) the Management Agreement expressly states that you and the Manager acknowledge and agree that Carmen Cars may hold you and the Manager jointly and severally liable for any breach of this Agreement by you or the Manager.

If you are entering this Agreement in your capacity as the manager of one or more Cars owned by another person or entity, then you represent and warrant that: (a) you have all necessary authority to enter into this Agreement on behalf of the Host of the Car(s) and to bind such Host to the terms and conditions of this Agreement; (b) you have a valid, written Management Agreement with Host; and (c) the Management Agreement expressly states that you and such Host acknowledge and agree that Carmen Cars may hold you and such Host jointly and severally liable for any breach of this Agreement by you or the Host of the Car(s).

When you use the Service to transact a Reservation, the Service will present you with a page confirming the details of the Reservation (the “Reservation Confirmation”). By clicking “I Agree” (or any other means of acceptance presented by the Service), you agree to the terms of that Reservation, and the Reservation Confirmation becomes part of this Agreement.

Both Guests and Hosts may be required to submit feedback to the Service following the completion of each Reservation. We may block you from any further use of the Service until you have submitted such feedback.