Introduction
Revolution Picture Cars, LLC and its subsidiaries (collectively,
“Revolution”, “we”, or “us”), provide an
online car sharing platform that connects vehicle owners with media producers and locals seeking to book
those vehicles. Revolution is accessible online including at revolutionpicturecars.com and as an
application for mobile devices. The Revolution websites, blog, mobile applications, and associated
services are collectively referred to as “the Services”. By accessing or using the Services, including
by communicating with us or other Revolution users, you agree to comply with, and be legally bound by,
the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of
the Services. These Terms govern your access to and use of the Services and constitute a binding legal
agreement between you and Revolution.
These Terms, together with the Revolution Privacy Policy, applicable insurance terms and certificates,
roadside assistance terms, and the Additional policies (together, the “Policies”) constitute the
“Agreement” between you and Revolution (each a “Party” and together, “the Parties”).
Modification
Revolution reserves the right, at our sole discretion, to
modify
the Services or to modify the Agreement, including these Terms, at any time. If we modify these
Terms,
we will post the modification on the Services. We will also update the “Last Revised” date at the
top of
these Terms. If you continue to access or use the Services after we have posted a modification or
have
provided you with notice of a modification, you are indicating that you agree to be bound by the
modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using
and
accessing the Services and close your Revolution Account within 30 days. If you choose to close your
Revolution Account, the previous effective version of these Terms will apply to you, unless you use
the
Services during the intervening 30 day period, in which case the new version of these Terms will
apply
to you.
Eligibility, registration, verification
Eligibility
The Services are intended solely for persons who are 21 or
older, except in the United States where we permit guests age 18 and older to book vehicles. Any use
of the Services by anyone that does not meet these age requirements is expressly prohibited.
Registration
To access certain features of the Services, you must sign up
for an account with us (a “Revolution Account”). You can create a Revolution Account by providing us
your first and last name, email address, and creating a password or connecting through an account
with a third-party site or service (including Apple, Facebook, and Google). When you book a vehicle
as a guest you provide us with certain additional information about yourself. You must provide
accurate, current, and complete information during the registration and booking. You must keep your
Revolution Account up to date at all times. Based on information you provide, Revolution may impose
additional requirements for you to book a vehicle (e.g., providing a deposit, adding a second form
of payment, buying a certain level of protection plan, or other requirements).
Verification
Where permitted, Revolution has the right, but not the
obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the
identities or check the backgrounds of users, including driving history and driver’s license
validity and (2) verify vehicle details. Revolution does not endorse any vehicle, user, or a user’s
background, or commit to undertake any specific screening process. Revolution may in its sole
discretion use third-party services to verify the information you provide to us and to obtain
additional related information and corrections where applicable, and you hereby authorize Revolution
to request, receive, use, and store such information. Revolution may permit or refuse your request
to book a vehicle in its sole and absolute discretion. Revolution may, but does not commit to,
undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any
representations about, confirm, or endorse the safety, roadworthiness, or legal status of any
vehicles beyond state laws which require vehicles are in safe and operable condition, legally
registered to be driven on public roads, have a clean title (e.g.,
non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls,
and otherwise satisfy our eligibility requirements.
Consumer Report Authorization
When you attempt to book a vehicle, or at any time after where
Revolution reasonably believes there may be an increased level of risk associated with your
Revolution Account, you hereby provide Revolution with written instructions and authorize
Revolution, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or
any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or
conduct a background check, including a criminal background check where permissible under applicable
law.
Content
Revolution Content and User Content License
Subject to your compliance with the provisions of these Terms,
Revolution grants you a limited, revocable, non-exclusive, non-transferable license, to access and
view any Revolution and/or user content to which you are permitted access, solely for your personal
and non-commercial purposes. You have no right to sublicense the license rights granted in this
section. No licenses or rights are granted to you by implication or otherwise under any intellectual
property rights owned or controlled by Revolution or its licensors, except for the licenses and
rights expressly granted in these Terms.
User Content
We may, in our sole discretion, permit you to post, upload,
publish, submit or transmit content through the Services such as photographs of you and your
vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or booking. By making
available any content on or through the Services, or through Revolution promotional campaigns, you
grant Revolution a worldwide, irrevocable, perpetual (or for the term of the protection),
non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy,
adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream,
broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote
or market the Services. Except as described above with respect to Revolution photography provided to
hosts, Revolution does not claim any ownership rights in any such content and nothing in these Terms
will be deemed to restrict any rights that you may have to use and exploit any such content.
Copyright Protection
We respond to notices of alleged copyright infringement and
terminate Revolution Accounts of repeat infringers according to the process set out in the US
Digital Millennium Copyright Act and similar laws. If you think a user is violating your
copyright(s) and want to notify us, you can find information about submitting notices.
Other legal matters
Violations
Revolution has the right, but not the obligation, to
investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the
Agreement to the fullest extent permissible by the law.
Revolution reserves the right, at any time and without prior notice, in accordance with applicable
law, to remove or disable access to any content that Revolution, at its sole discretion, considers
to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the
Services or our community. If we believe you are abusing Revolution, our users, or any other person
in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion
and without limiting other remedies, limit, suspend, or terminate your Revolution Account and access
to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce
or eliminate any discounts, and take technical and/or legal steps to prevent you from using the
Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone
for any reason at our discretion to the full extent permitted under applicable law.
Policy enforcement
When an issue arises, we may consider the user’s performance
history and the specific circumstances in applying our Policies. We may choose to be more lenient
with policy enforcement in an effort to do the right thing, subject to our sole and absolute
discretion.
Communications with you
In order to contact you more efficiently, you agree that we may
at times contact you using autodialed or prerecorded message calls or text messages at your phone
number(s). We may place such calls or texts primarily to confirm your signup, provide notices
regarding your Revolution Account or Revolution Account activity, investigate or prevent fraud,
collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with
service providers with whom we contract to assist us in pursuing these interests. We will not share
your phone number(s) with third parties for their own purposes without your consent. Standard
telephone minute and text and data charges may apply. Where Revolution is required to obtain your
consent for such communications, you may choose to revoke your consent.
You authorize Revolution and its service providers, without
further notice or warning and in our discretion, to monitor or record telephone conversations you or
anyone acting on your behalf has with Revolution or its agents for quality control and training
purposes. You acknowledge and understand that your communications with Revolution may be overheard,
monitored, or recorded without further notice or warning. If you do not wish to have your call
recorded, please contact us instead in writing
throughalex@revolutionpicturecars.com.
Non-disparagement
The Parties agree that they will not take any action that will
harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or
unfavorable publicity to either of the other Party.
Insurance and protection plans
Revolution is not an insurance company and does not insure
hosts or guests. Host and guest protection plans made available through the Services are in no way
related. To be eligible for the benefits of a protection plan, hosts and guests must comply with
these Terms. Protection plans are available through the Services only in the United States.
Protection plan details and other specifics can be found here. Please refer to the specific terms
for guests and specific terms for hosts sections below for additional information based on the
nature of your use of the Services.
Specific terms for guests
The following sections also apply if you book a vehicle using the
Services:
Guest commitments
As a guest, you commit that you will be a legally licensed
driver and provide proof to the host or via the Services of a current, valid driver’s license. You
will treat the vehicle and any applicable Extras well and will take all reasonable measures to
return the vehicle and any applicable Extras on time and in essentially the same condition as
received. You will not allow anyone other than a person listed in the booking details as an Approved
Driver to drive the vehicle you booked.
Guest financial responsibility for physical damage to the vehicle
The guest that booked the vehicle (primary guest”) is
financially responsible for all physical damage to or theft of a booked vehicle that occurs during a
trip, plus any additional costs and fees resulting from damage of any kind to the vehicle,
regardless of who is found to be at fault. This responsibility applies whether the primary guest has
their own auto insurance or not.
Primary guests may be insured against damage to the booked
vehicle under their own automobile policies. When you book a vehicle on Revolution, you agree that
if any damage occurs to the booked vehicle during the reservation you will work with Revolution to
make a claim for coverage under any policy of insurance that applies to the loss.
Auto liability insurance
If the guest has their own personal auto policy, it will be
primary over any Revolution protection depending on various factors such as applicable laws, where
the guest books the vehicle, and/or where the accident or damages occur. Terms and exclusions apply.
Use of the vehicle
When you book a vehicle on the Services, you may use the
vehicle for your personal use or any purpose essential or incidental to media production. All other
uses require express written permission from Revolution in advance or as otherwise described herein.
You may not access a vehicle until the reservation start time and you must return the vehicle on
time and to the correct location. You must present the host with a current, valid driver’s license.
You must exercise reasonable care in your use of the vehicle. You are required at all times to
operate the vehicle safely, and in compliance with all applicable laws, including without
limitation, speed limits and prohibitions on impaired or distracted driving. In the event Revolution
has any concern about your use of a vehicle, Revolution may terminate your booking in its discretion
at any time and require the return of the vehicle, including recovering the vehicle on behalf of the
host. You are required to wear seat belts during the operation of the vehicle and to require that
all of your passengers wear seat belts. You are also required to meet any laws or regulations
concerning child safety seats and other protections for children. You must not leave the car
unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited
uses with any vehicle you book through the Services. The prohibited uses list is not meant to be
exhaustive. If you have any concerns about your planned use, please
contact alex@revolutionpicturecars.com. If you
misuse
a vehicle, you will be fully
financially
responsible for any related claims, loss, or damage, and your protection plan may be voided.
Guests
also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the
Agreement
may lower available liability coverage to legal minimum limits, or nullify coverage, and may
furthermore nullify any comprehensive or collision protection and/or protection plan where
allowed
by applicable law.
Condition of the vehicle and optional Extras
You understand that third parties own the vehicles and Extras
offered through the Services. Each host is responsible for complying with all legal requirements
(including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe
and roadworthy condition. Please complete a visual inspection before you begin your use of the
vehicle. If you find damage in your initial inspection, you should upload photos of such
pre-existing damage at the start of your reservation as described herein to ensure you are not held
responsible for pre-existing damage. If you find damage on your initial inspection and fail to
report it, Revolution, third-party administrators, or insurance partners, may assume that the damage
occurred during your reservation period. If, after your initial inspection, you believe that the
vehicle is not safe to drive, please do not use the vehicle; instead, please contact the Revolution
team immediately at 423-582-9166.
No responsibility for shared vehicles
You acknowledge that Revolution is not responsible and shall
not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally
registered or the subject of a stolen vehicle report) of any vehicles shared via the Services beyond
our policies that require hosts to ensure their vehicles are in safe and operable condition, legally
registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a
clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any
applicable safety recalls, and otherwise satisfy our eligibility requirements.
Incident reporting
You must immediately report any damage to the vehicle you are
using to Revolution at alex@revolutionpicturecars.com, or
423-582-9166. If there has been a
collision, you must also make a report to the police. You will need to use all reasonable efforts to
secure evidence from any available witnesses and to provide Revolution or third-party claims
administrators with a written description of the incident and any other information requested,
including identity and insurance information of any parties involved in the incident. You are also
required to cooperate in any loss investigation conducted by Revolution, third party claims
administrators, or insurers. After an incident, you may not continue to use the vehicle unless you
have the explicit permission of Revolution staff. Failure to timely report an incident or cooperate
in an investigation may reduce or invalidate any protection plan received via the Services.
Vehicle theft
The following conduct may result in the reporting of the
vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver
to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:
- If you fail to return
the vehicle you booked at the time and place agreed upon with the host and/or designated in your
reservation.
- If you do not return
the vehicle by the end of the reservation period and you have not properly obtained an extension
of the reservation through the Services as set forth herein;
- If the vehicle is
returned to any place other than the return location on the reservation or agreed upon with the
host. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the
vehicle upon return at the end of the reservation is the guest’s responsibility
- If you misrepresent
facts to the host pertaining to booking, use, or operation of vehicle
- If the vehicle’s
interior components are stolen or damaged or the vehicle itself is stolen or damaged when the
vehicle is left unlocked or running or unattended with the keys not secured during reservation
period
- If you fail or refuse
to communicate in good faith with the host, police, Revolution, or other authorities with a full
report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the
investigation of any accident or vandalism
- If the vehicle is
operated by anyone who has given a fictitious name, false address, or a false or invalid
driver’s license, whose driver’s license becomes invalid during the reservation period, who has
obtained the keys without permission of the host, or who misrepresents or withholds facts
to/from the host or Revolution material to the booking, use, or operation of vehicle
TThe primary guest who books the reservation is responsible for
any private investigation costs Revolution deems necessary to recover a vehicle that is not
returned. In addition, a $500 case administration fee will be imposed on the primary guest if
Revolution and/or the host has to report a vehicle as stolen to law enforcement due to it not being
returned.
Repossession
Revolution, a hired agent of Revolution, or the host may
repossess any vehicle booked through the Services without demand, at the guest’s expense, if the
vehicle is not returned by the end of the reservation, is found illegally parked, apparently
abandoned, or used in violation of applicable law or these Terms.
Missing Vehicles
If a vehicle you have booked through the Services goes missing
and/or is stolen during the reservation period (or extension period), you must immediately return
the original ignition key to the host, file a police report immediately after discovering the
vehicle is missing or stolen, but in no event more than 24 hours after discovering it has gone
missing, and cooperate fully with the host, law enforcement, Revolution, and other authorities in
all matters related to the investigation.
Specific terms for hosts
The following sections also apply if you share your vehicle through the Services:
Host commitments
As a host, you commit that you will provide a safe and legally
registered and insured vehicle, with current license plates, with a clean
(non-salvage/branded/written off) title, and in good mechanical condition. You will provide such
vehicle on time but only to a guest who is listed on the Services as an Approved Driver for the
booking. You commit that your listings will be complete and accurate and you will honor all
representations made in your listings, including honoring the price quoted to a guest. You will not
cancel a booking for the purpose of seeking a higher price from a guest. You will not offer any
vehicle or optional Extra that you do not yourself own or have authority to share or that may not be
shared for compensation pursuant to the terms and conditions of any agreement with a third party,
including, but not limited to, a lease or financing agreement. You will not offer any Extra that is
not safe, clean, and acceptable for the use it is intended. You will not offer any vehicle that is
the subject of a missing or stolen vehicle report. You will not offer any vehicle that is the
subject of a safety recall without first properly addressing the matter subject to the recall. You
will not offer a vehicle that is not roadworthy (i.e., not “street legal”) in the location where it
is shared and it will not have any illegal modifications to any part of the vehicle. You will remove
any firearms or other weapons from your vehicle prior to providing it to a guest. You will repay
loans related to your Revolution business on time and in full.
Information given at registration
When you sign up for Revolution, you will identify passenger
vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet the
requirements found herein. You may only use the Services in connection with vehicles that you own or
otherwise have all the necessary rights and permissions to share for compensation.
Listing only on the Services
In the United States, any vehicle you list on the Services must
be exclusively listed on the Services. You cannot list any vehicles you intend to share on the
Services on any other car sharing marketplace. Failure to abide by this condition may result in
fines, penalties, denial of physical damage claims, removal of the vehicle from the Services,
account closure, or other action, in Revolution’s sole discretion. This does not limit Commercial
Hosts’ (as defined below) ability to maintain their own rental car business or prohibit a vehicle
from being listed on ride sharing or other delivery services when not on a Revolution reservation.
Revolution photography
Revolution may offer hosts the option of having photographers
take photographs of their vehicles and/or hosts with their vehicles (“Images”). You alone are
responsible for using the Images in connection with your Revolution listing and you agree that you
will cease using the Images if they no longer accurately represent your vehicle. You agree that
Revolution is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law -
of all right, title, and interest in all copyrights, trademark rights, and any and all other
intellectual property rights, including right of publicity, worldwide, in the Images regardless of
whether you include them in your listing, and you shall take no action to challenge or object to the
validity of such rights or Revolution’s ownership or registration thereof. You acknowledge that
Revolution may use the Images for advertising, marketing, commercial, and other business purposes in
any media or platform, whether in relation to your listing or otherwise, without further notice or
compensation. Further, you waive any and all rights to royalties or moral rights you may have in the
Images. If you use the Revolution photography program, you agree that you will not use the Images in
connection with sharing your vehicle on any platform, website, or application other than Revolution.
At Revolution’s request, you will execute documents and take such further acts as Revolution may
reasonably request to assist Revolution to acquire, perfect, and maintain its intellectual property
rights and other legal protection in the Images.
Vehicle availability
Once a booking is booked, you must make the vehicle available
or deliver the vehicle as expected by the guest. If you offer the guest the option to pick up your
vehicle at a persistent specified location, you must supply the location of the vehicle accurately
to Revolution and ensure that the vehicle is available at that location at the beginning of the
reservation period. In order to qualify for available protection plans, you must verify that a
prospective guest has a current, valid driver’s license before you provide the guest your vehicle,
and ensure the driver’s license matches the name on the reservation and that the person picking up
the vehicle appears to match the photograph on a facially valid driver’s license.
Pricing, earnings, and payments
Revolution will pay you the amount collected from guests that
book your vehicle, less the applicable fees payable to Revolution. To the extent you owe Revolution
or any third party lender money for any reason, Revolution also reserves the right to deduct those
amounts from your earnings payment, debit your bank account, charge any of your payment methods on
file, and/or send you an invoice.
Maintenance
You are required to regularly check your vehicle for any
defects in its operations or safety. You promise that, at all times, your vehicle will be in safe
and roadworthy condition, in good mechanical condition, and in full compliance with all applicable
inspection and registration requirements. You will only list vehicles with a clean, non-salvaged,
non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or
similar safety notices and to complete any recommended action before allowing your vehicle to be
booked. In addition, if Revolution believes that your vehicle does not conform to reasonable
standards, Revolution may notify you and reserves the right to remove or decline listing your
vehicle until its concerns have been resolved. Revolution may, but does not commit to, undertake
efforts to ensure the safety of vehicles booked through the Services.
Reporting vehicle damage
If you did not decline a protection plan made available via the
Services, and you believe that a guest has caused any damage to your vehicle, you are required to
report that damage as soon as you become aware of it (and in any event, no more than 24 hours after
the scheduled end of the booking) and to provide reasonable cooperation in the investigation of the
damage so that it can be eligible for coverage. Based on the investigation, Revolution or
third-party claims administrators will reasonably determine whether the damage occurred during the
reservation period and is eligible for coverage. If it was, and you did not decline a protection
plan made available via the Services, you will be reimbursed for the loss as described in the
sections below. If Revolution is not given prompt notice as described in this paragraph, or if you
do not provide reasonable cooperation in the investigation by Revolution or third-party claims
administrators, we may not be able to determine the cause. In that case, you agree that we may
decline any reimbursement or coverage for such damage.
Physical damage to your vehicle
Physical damage reimbursement
Physical damage contractual reimbursement from Revolution
applies to your vehicle in the event of a collision and to most comprehensive events during the
booking, and is subject to terms and exclusions.
Actual cash value
If Revolution, or third-party claims administrators, choose to
pay you the actual cash value for your vehicle, you will be required to transfer title to the
vehicle to Revolution or a third party appointed by Revolution to accept title. The standard for
determining the actual cash value will be as determined by Revolution or its third-party claims
administrators and in compliance with applicable law.
Exclusions to physical damage reimbursement and coverage
Protection plans selected by hosts on the Services do not apply
to:
- Optional extras or
personal property,
including aftermarket installations (e.g., equipment racks), that are taken from your vehicle or
damaged during a trip. Remove all personal property before making your vehicle available for a
reservation
- Normal wear and tear
to your vehicle
If you violate the Agreement, these Terms, or any of
our Policies or if you submit inaccurate information about your vehicle when listing it on the
Services (for example, falsely represent the make, model, or year of the vehicle), any protection
that may be provided by Revolution will be voided. Any protection may be voided under
this provision
even if the underlying circumstances are not directly related to the damage or harm at issue. You
acknowledge that these provisions are material and that they serve to ensure your compliance. In the
event your protection plan is voided, the remainder of the Agreement, these Terms, and
our Policies remain in effect.
Other host-specific insurance matters
You will maintain valid and up to date registration information
and proof of insurance in any vehicle you share on the Services. You must maintain your own auto
insurance policy for any vehicle you list on the Services and such policy must meet any minimum
insurance levels required by law. You agree to provide Revolution with information regarding your
auto insurance policy as may be requested and to keep such information up to date. Where not
prohibited by law, you hereby appoint Revolution or a wholly owned subsidiary of Revolution as your
attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise
administering an applicable insurance policy, and/or working with law enforcement, guests, or
private entities to recover your vehicle, as necessary.
Missing vehicles
If your vehicle goes missing, is not returned, and/or is stolen
during the reservation period (or extension period), you, as the host, must immediately contact a
Revolution representative and follow his or her instructions, including cooperating with Revolution,
the police, and any other authorities in all related to the investigation of the theft. If you are
instructed by Revolution to file a police report, you must do so within 24 hours of receiving those
instructions.
Indemnification of host
In the event of any claim for a loss or injury that occurs
during the use of your vehicle by a guest (or by Revolution itself), subject to your compliance with
these Terms and the Policies, Revolution or its insurers will defend and indemnify you, subject to
any exclusions or limitations in the policy or policies of insurance contained with the protection
plan, against such claims as required by applicable law. In connection with any indemnified claim,
you are required to give Revolution or its insurers prompt written notice of the claim, allow
Revolution sole control over the defense of the claim, and provide Revolution reasonable cooperation
in its defense of the claim, at Revolution’s expense. If Revolution or its insurers reimburses you
for a lost or damaged vehicle and you later receive payment for some or all of your vehicle from a
third party (e.g. a third party insurance company or restitution), you must reimburse Revolution any
monies received from that third party in an amount equivalent to, but not to exceed, the funds
provided to you by Revolution.
Additional terms for Commercial Hosts
You acknowledge and agree that you shall receive no protection
or coverage from Revolution or any affiliates, whether that be financial responsibility for physical
damage, third-party liability protection, uninsured or underinsured motorist coverage, PIP or any
similar coverage or indemnification, roadside assistance, or trust and safety support as part of a
booking of your vehicle when you have chosen to provide your own commercial rental insurance. You
shall add Revolution as an additional insured on all applicable automobile and excess liability
policies. These provisions replace and supersede any representation made by Revolution,
or those
acting on behalf of Revolution, including but not limited to statements made on the Services, these
Terms, Help Center, Policies, emails, and/or marketing materials, concerning protection plans,
insurance, and roadside assistance otherwise offered to host and guests when the hosts do not
decline protection via the Services.
You must disclose on your listing page any applicable
additional fees, costs, and/or taxes you assess in addition to other requirements you may impose
(such as a security deposit or if you do not accept debit cards, for example). You must never
surprise guests with hidden costs or requirements at pick-up. Revolution reserves the right, in its
sole discretion, to default your vehicles to a protection plan of our choice, remove your listings,
or suspend your Revolution Account for failure to be transparent with guests about fees, costs, and
requirements in your vehicle listing page.
You acknowledge that the actual damages likely to result from your
breach of this section are difficult to estimate accurately and would be difficult for Revolution to
prove with certainty. You will pay Revolution USD$5,500 per breach in liquidated damages to
compensate Revolution for any such conduct. This amount is not intended as a punishment for any such
breach, but rather as a reasonable estimate where actual damages are difficult to estimate
accurately and/or prove with certainty.
You shall defend, indemnify, and hold Revolution, its
subsidiaries, affiliates, employees, officers, directors, and agents, and any of your guests or
their authorized drivers, harmless from and against any and all claims, demands, suits, judgments,
costs, expenses, liabilities, attorneys fees, damages, consequential damages, punitive damages,
property damage, personal injury, theft or otherwise, without limitation, related to or arising out
of any reservation or use of any vehicles, including without limitation, any vehicle damage,
personal injury or property damage where you have declined a protection plan made available via the
Services or one is not available in your region.
Dispute resolution
Dispute resolution for hosts and guests residing in the United
States
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS
YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND REVOLUTION HAVE AGAINST EACH OTHER ARE RESOLVED.
Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way
to, or arising out of, this or previous versions of these Terms, your use of or access to the Services,
or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the
provisions set forth in this Dispute resolution for hosts and guests residing in the United States
section.
Pre-arbitration dispute resolution
Should a dispute or claim arise between us, you and Revolution
agree to notify the other Party of the nature of the dispute or claim prior to initiating
arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will
contact you at the email address you have provided to us; you can contact us by email
at alex@revolutionpicturecars.com . Please
provide your name, phone number, email, mailing
address,
and briefly describe both the nature of your dispute and the relief you would like from Revolution.
If the Parties are unable to resolve the claims described in the notice within 30 days after the
notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via
email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed
with either the American Arbitration Association (“AAA”) as set forth below, pursuant to the AAA’s
Consumer Arbitration Rules, as appropriate. A form for initiating arbitration proceedings is
available on the AAA's website. (AAA provides a Demand for Arbitration form.) Any settlement offer
made by you or Revolution shall not be disclosed to the arbitrator.
Applicable law
The below Agreement to Arbitrate evidences a transaction
involving interstate commerce and is therefore governed by the Federal Arbitration Act and the
applicable procedural rules of AAA, as applicable (see "Arbitration procedures" below). To the
extent state law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive
law of the state of Arizona will apply, without regard to its conflict of law provisions.
Agreement to Arbitrate
The Parties each agree that any and all disputes, claims, or
controversies that have arisen or may arise at any time between you and Revolution (including its
respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or
products, and third-party claims administrators) will be resolved by binding arbitration according
to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes,"
"claims,” and "controversies" shall have the broadest possible meaning that will be enforced and
includes, any and all disputes and/or claims that arise out of or in any way relate to your
relationship with Revolution, including but not limited to: (1) your use of the Services, (2) the
Agreement, these Terms and/or this Agreement to Arbitrate, including the interpretation, validity,
enforceability, or scope of this Agreement to Arbitrate, or (3) your use of, or access to the
Services, and anything sold, offered, or purchased through the Services (such as booking, listing,
or sharing a vehicle). Through this Agreement to Arbitrate, and subject to the below exceptions, the
Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract,
statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation,
fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of
whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For
avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all
disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to
Arbitrate and any such disputes or claims will be referred to binding arbitration and will be
resolved by the arbitrator and not a court.
Exceptions to Agreement to Arbitrate
The only exceptions to this Agreement to Arbitrate are as
follows:
- Disputes or claims that can be brought in
small claims court
- Injunctive or equitable relief to prevent
the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights,
trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties
agree that any court proceedings shall be stayed pending the final resolution in arbitration of
any arbitrable claims or issues
- Any cause of action or claim for relief
which cannot be arbitrated as a matter of applicable statute or public policy. However, the
Parties agree that any such court proceedings shall be stayed pending the final resolution in
arbitration of any arbitrable claims or issues
- In the event California law is found to
apply to this Agreement to Arbitrate, any remedy of public injunctive relief (i.e., injunctive
relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future
injury to the general public). However, the Parties agree that any such court proceedings shall
be stayed pending the final resolution in arbitration of arbitrable claims, causes of action, or
issues
Arbitration procedures
Arbitration is more informal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration
award is very limited. An arbitrator can award the same damages and relief on an individual basis
that a court can award to an individual.
The arbitration will be conducted by AAA in accordance with its
Arbitration Rules and Procedures effective at the time a claim is made. Where the relief sought is
$25,000 or less (not including attorneys' fees and expenses), those Arbitration Rules and Procedures
may limit the proceeding to a written submission and, if requested or at the arbitrator’s
discretion, there may be a live hearing by teleconference or videoconference. Where the relief
sought is $25,001 or more (not including attorneys’ fees and expenses), those Arbitration Rules and
Procedures may provide for limited discovery and streamlined proceedings.
In all cases in which a live hearing is requested or required,
you and/or Revolution may attend by video or phone. To the extent a location must be established for
the arbitration, it shall be held in the county in which you reside or at another mutually agreed
location.
The arbitrator will decide the substance of all claims in
accordance with applicable law, including recognized principles of equity, and will honor all claims
of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations
involving different users but is bound by rulings in prior arbitrations involving the same
Revolution user to the extent required by applicable law. The arbitrator’s award shall be final and
binding and judgment on the award rendered by the arbitrator may be entered in any court having
jurisdiction thereof.
Where permitted, the Parties agree that all communications,
evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to
enforce or implement such rulings or this Agreement to Arbitrate.
Costs of arbitration
If you initiate arbitration proceedings, you will be
responsible for certain costs. Where the relief sought is $25,000 or less (not including attorneys’
fees and expenses), you will be responsible for the initial filing fee, capped at $375, and
Revolution will cover any additional fees or costs. Where the relief sought is $25,001 or more (not
including attorneys’ fees and expenses), you and Revolution will each pay your own arbitration fees
consistent with the rules set by AAA at the time the claim was made, unless otherwise stated in
these Terms.
Severability
With the exception of the provisions in the below section
“Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or
court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other
parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of
the provisions in the section “Prohibition of class and representative actions and
non-individualized relief” is invalid or unenforceable, then the entirety of the Agreement to
Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute
resolution section will continue to apply.
Right to opt-out of arbitration; procedure. IF YOU ARE A NEW REVOLUTION USER, YOU CAN CHOOSE TO
OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE
TO alex@revolutionpicturecars.com ("OPT-OUT
NOTICE"). THE OPT-OUT NOTICE MUST BE
RECEIVED
WITHIN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR THE COMMENCEMENT OF
YOUR FIRST BOOKINGON REVOLUTION AS A GUEST OR HOST, WHICHEVER DATE IS EARLIEST.
In order to opt-out, you must email your full name, address (including street address, city,
state, and zip/postal code), and email address(es) associated with your Revolution Account
to alex@revolutionpicturecars.com. This
procedure is the only way you can opt out of the
Agreement
to Arbitrate. If you opt out of the Agreement to Arbitrate, all other provisions of the Agreement
will continue to apply to you, including the below forum selection clause specifying Atlanta,
Georgia.
Future amendments to the Agreement to Arbitrate
Not with standing any provision in these Terms to the contrary,
the Parties agree that if Revolution makes any amendment to the Agreement to Arbitrate in the
future, that amendment shall not apply to any claim that you filed against Revolution prior to the
effective date of the amendment. The amendment shall apply to all other disputes or claims governed
by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree
to the amended terms, you may close your account within 30 days of our posting or notification and
you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in
accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these
Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out
Notice to Revolution, you do NOT need to submit another one when these Terms are subsequently
updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.
Judicial forum for legal disputes not subject to arbitration
Unless the Parties agree otherwise, in the event that the
Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, whether (1)
as a result of your decision to opt out of the Agreement to Arbitrate, (2) as a result of a decision
by the arbitrator or a court order, or (3) if one of the above exceptions to the Agreement to
Arbitrate applies, you agree that any claim or dispute that has arisen or may arise between the
Parties will be resolved exclusively by a state, federal, or small claims court located in Atlanta,
Georgia. The Parties agree to submit to the personal jurisdiction of a state court located in Fulton
County, Atlanta, Georgia or a United States District Court for the Northern District of Georgia
located in Atlanta, Georgia. The Parties agree that the substantive law of the state of Arizona will
apply to any such claim or dispute without regard to conflict of law provisions.
Prohibition of class and representative actions and non-individualized relief
THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE
OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES AGREE
OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S
CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS
PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND
DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT
NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED
CANNOT AFFECT OTHER USERS, SUBJECT TO THE ABOVE EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE
SOUGHT IN COURT BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.
Dispute resolution for hosts and guests residing outside the
United States
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND
WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS THE PARTIES HAVE AGAINST EACH OTHER ARE RESOLVED.
Regardless of where you reside, if you bring an action against Revolution in the United States, the
section above entitled “Dispute resolution for hosts and guests residing in the United States” will
govern that dispute.
Resolution of disputes
If a dispute arises between the Parties, our goal is to provide
you with a neutral and cost-effective means of resolving the dispute quickly. We encourage you to
contact us directly to seek a resolution at alex@revolutionpicturecars.com. We will
consider
reasonable requests to resolve the dispute through alternative dispute resolution procedures, such
as mediation or arbitration, as alternatives to litigation.
Governing law and forum for disputes
The laws of the State of Georgia, United Sates shall govern the
Agreement and any dispute or claim you have against Revolution in all respects if you reside
anywhere other than the United States. You and Revolution both agree to submit to the exclusive
jurisdiction of the state courts of Georgia.
General provisions
Termination
You may discontinue your use of the Services at any time and
Revolution may terminate your access to the Services and remove any listings for any reason or no
reason to the extent permissible under applicable law. Termination of access to the Services will
not release a Party from any obligations it incurred prior to the termination and Revolution may
retain and continue to use any information, including but not limited to photography, previously
provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or
liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all
of those terms will survive any termination of the Agreement.
No vehicle transfer or assignment
Except as otherwise provided herein, guests and hosts agree
that nothing in these Terms constitutes an actual or purported transfer or assignment of any right
or interest in a vehicle or optional Extras shared through the Services.
Disclaimers
REVOLUTION PROVIDES SERVICES THAT ENABLE THE SHARING OF
VEHICLES AND OPTIONAL EXTRAS BETWEEN HOSTS AND GUESTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS,
REVOLUTION DOES NOT ITSELF PROVIDE VEHICLE SHARING, RENTAL SERVICES, AND/OR INSURANCE SERVICES AND
IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE
MANUFACTURER OF THE VEHICLE OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G.
IN-VEHICLE GPS OR OTHER SYSTEMS).
THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE
FOREGOING, REVOLUTION EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF
COURSE
OF DEALING OR USAGE OF TRADE.
Revolution makes no warranty that the Services, including, but not
limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. Revolution makes no warranty regarding
the quality of any listings, vehicles, hosts, guests, Extras, the Services, or any content or the
accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the
Services. No advice or information, whether oral or written, obtained from Revolution, Revolution
Insurance Agency, or its service providers or through the Services or content, will create any
warranty not expressly made herein.
Limitation of liability and waiver
YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR
MAKE CLAIMS AGAINST REVOLUTION AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING
THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER,
THE “REVOLUTION PARTIES”) AND ANY REVOLUTION USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO
NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) VEHICLE
AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2)
PROBLEMS WITH A VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE), (3) VEHICLE
WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD
PARTY ASSOCIATED WITH THE VEHICLE), (4) THE LEGAL OR LICENSE STATUS OF A VEHICLE, HOST, OR GUEST,
(5) THIRD PARTY ASSESSMENTS OF A VEHICLE'S VALUE, OR (6) ANY ACTION OR INACTION OF A HOST OR GUEST.
YOU AGREE THAT NEITHER REVOLUTION NOR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE
INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES),
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER
LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES
(INCLUDING LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY
TO USE THE SERVICES.
Except for our obligations to pay amounts to applicable hosts or
guests pursuant to these Terms, including an approved payment request or claim under a protection
plan or applicable insurance policy, in no event will the Revolution Parties' aggregate liability
arising out of or in connection with the Agreement or your use of the Services, exceed the greater
of (1) the amounts you have paid or owe for bookings via the Services as a guest in the twelve month
period prior to the event giving rise to the liability, or if you are a host, the amount earned by
you in the 12 month period prior to the event giving rise to the liability, or (2) US$100.
YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE
OR MAKE CLAIMS AGAINST ANY REVOLUTION USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF THE SERVICES UNLESS (1) YOU ARE A HOST WHO HAS DECLINED A PROTECTION PLAN VIA THE
SERVICES AND ARE MAKING A CLAIM AGAINST A GUEST WHO BOOKED A VEHICLE FOR WHICH YOU OPTED TO PROVIDE
YOUR OWN COMMERCIAL/RENTAL INSURANCE OR COVERAGE TO THE GUEST, OR (2) YOU ARE A GUEST WHO BOOKED A
VEHICLE FROM A HOST WHO OPTED TO DECLINE A PROTECTION PLAN VIA THE SERVICES AND SUCH HOST OPTED TO
PROVIDE INSURANCE OR PROTECTION DIRECTLY TO YOU AND YOU ARE MAKING A CLAIM AGAINST THAT
COMPANY/HOST.
YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, 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.”
THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REVOLUTION AND YOU. THEY SHALL APPLY TO THE
EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE
SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.
Indemnification
You agree to release, defend, indemnify, and hold Revolution
and its subsidiaries, officers, directors, employees, and agents, harmless from and against any
claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal
and accounting fees, arising out of or in any way connected with: (1) your access to or use of the
Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any
other user of the Services, or (5) your booking of a vehicle or creation of a listing for a vehicle.
Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory,
direct, incidental, consequential, or otherwise) arising in connection with or as a result of a
booking, sharing, or use of a vehicle or optional Extra. This indemnification provision is a
fundamental element of the basis of the bargain between Revolution and you. It shall apply to the
extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be
severed while leaving the remainder in effect.
Liquidated damages
You acknowledge that the actual damages likely to result from
your breaches of the Agreement by any of the following are difficult to estimate accurately and
would be difficult for Revolution to prove with certainty: (1) engaging in gray market transactions,
as defined in these Terms, (2) using the Revolution domains, trademarks, or taglines without
Revolution's express consent, including without limitation registering website domains or social
media handles, or bidding on online advertising key words, (3) suing or asserting legal claims
against the Revolution Parties or a Revolution user in any manner prohibited or waived herein, (4)
as a host, sharing your vehicle via the Services with expired registration stickers or without
current registration paperwork in the vehicle, (5) as a host, offering any vehicle that is the
subject of a missing or stolen vehicle report, (6) as a host, offering any vehicle or releasing a
vehicle to a guest that is not roadworthy or is otherwise in an unsafe condition, (7) as a host,
cancel or modify a booking to manipulate the price or potential earnings for a vehicle, or (8)
creating or using a Revolution account that has the effect of circumventing Revolution’s suspension,
termination, or closure of another Revolution account.
You will pay Revolution $5,500 per breach in
Liquidated Damages to compensate Revolution for any such conduct. This amount is not
intended as a
punishment for any such breach, but rather as a reasonable estimate where actual damages are
difficult estimate accurately and/or prove with certainty. This liquidated damages provision is a
fundamental element of the basis of the bargain between Revolution and you. It shall apply to the
extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be
severed while leaving the remainder in effect.
Not a rental car company
Revolution is not a rental car company. It does not own a fleet
of vehicles and is not in the business of renting vehicles to the public. Revolution provides an
online platform where vehicle owners and those in need of a vehicle can meet and share vehicles
amongst themselves subject to these Terms.
Rounding off
Revolution may, in its sole discretion, round up or down
amounts that are payable from or to hosts or guests to the nearest whole functional base unit in
which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported
currency) unless explicitly prohibited under applicable law.
Contact us
Revolution can be contacted at 730 Peachtree Street Northeast,
Suite 600, Atlanta, Georgia 30308. If you have any questions for us concerning the Agreement, or
Revolution generally, please contact us at alex@revolutionpicturecars.com.
If you are a California resident, in accordance with Cal. Civ.
Code §1789.3, you may report complaints to the Consumer Information Center of the California
Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N
112, Sacramento, CA 95834, or by telephone at 1-800-952-5210.
Governing law
The parties agree that the substantive laws of the state of
Georgia apply to these Terms and the Agreement without regard to conflict of law provisions.
Severability and non-waiver
In the event any provision of these Terms is held to be void,
voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The
failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver
of such provision, or any other provision, nor in any way to affect the validity of these Terms or
any part of these Terms, or any right of any Party to enforce that provision or each and every other
provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver
of any other breach.
General
Revolution does not appoint you or any other user as its
employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are
not authorized to make any commitments on behalf of Revolution and Revolution will not make
commitments on your behalf, except as contemplated by the Services or expressly stated in these
Terms.
The Agreement, including these Terms, states the entire
understanding between you and Revolution concerning your access to and use of the Services and
supersedes any earlier verbal or written communications between us. With the exception of appointing
a custodian to manage your vehicles on your behalf, 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 Revolution. You will remain responsible for your obligations hereunder in any event. A Revolution
Director or Officer must agree to any modification or waiver of any term of the Agreement in
writing. Headings are for reference purposes only and do not limit the scope or extent of such
section.