August 15, 2021
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Vibe-Car, Inc., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “GoVibe,” “we,” “us” or “our”) governing your use of the GoVibe application (the “GoVibe App”), website, and technology platform (collectively, the “GoVibe Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND GOVIBE CAN BE BROUGHT (SEE SECTION 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST GOVIBE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER OR DRIVER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED BELOW.
This Agreement addresses the vehicle delivery and vehicle rental services provided by GoVibe to its members (“Member”). A GoVibe Member may utilize the services offered through the GoVibe Platform only after registering as a GoVibe Member. By entering into this Agreement, and/or by using or accessing the GoVibe Platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions below) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE GOVIBE PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE GOVIBE PLATFORM.
A. The GoVibe Platform
The GoVibe Platform provides its Members with a coordinated vehicle rental service. Once a reservation for a rental vehicle is made through the GoVibe Platform (the “Reservation”) and upon their arrival at the airport, a Member shall initiate the delivery portion of the journey when they request their curb-side pick-up in their designated vehicle through the GoVibe App. A GoVibe driver (“Driver”) shall pick up the Member at a designated curb-side area, head to the nearest GoVibe Hub and in minutes, consummate the delivery portion of the journey, complete the check in process and send the Member on their way in their rental vehicle. Upon the completion of the rental term, Members shall via the GoVibe App, initiate the return of the rental vehicle to the GoVibe Hub and then enjoy direct curb-side drop off at the airport through GoVibe’s delivery service. The GoVibe Platform presently allows for GoVibe’s proprietary vehicle delivery and rental service at airports and will add curb-side hotel delivery as options for its Members in the near future.
Modifications to the Agreement
GoVibe reserves the right to modify the terms and conditions of this Agreement or any other information contained herein, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Continued use of the GoVibe Platform and any services offered through it after any such changes shall constitute consent to such changes. Unless material changes are made to the arbitration provisions herein, a modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
B. Eligibility of Members
The GoVibe Platform may only be used by individuals who meet the GoVibe eligibility requirements and who remain in compliance with the terms, conditions, and obligations herein. Each Member must first create a Member account with one account allowed per person. GoVibe reserves the right to deactivate any additional or duplicate accounts and participation in certain GoVibe programs and the use of certain GoVibe services may be subject to additional eligibility requirements as determined by GoVibe. The GoVibe Platform is not available to Members who have had their Member account temporarily or permanently deactivated. Members may not allow non-Members to use their Member account.
Indemnity for the Hawaii Mandatory Quarantine. A Member and any other individuals in a rental vehicle procured through the GoVibe Platform are subject to the Hawaii mandatory 14-day quarantine order and that any violations to such order will result in law enforcement and/or legal action against the Member, and any other individuals in the rental vehicle. Members shall indemnify and hold harmless GoVibe from any and all loss, liability, claims, damages, costs and expenses (including attorneys’ fees) resulting from or relating to, in whole or in part any violation of the quarantine order.
Specific Requirements to be a Member:
Unless otherwise expressly approved by GoVibe in its sole discretion: a Member shall be at least 25 years of age at the time a Member account is created and have held a valid driver’s license for the 12-month period prior; and a Member with an International driver’s license shall be at least 25 years of age at the time a Member account is created and have held a valid driver’s license for the 12-month period prior.
A Member shall have a valid driver’s license that authorizes the Member to drive in Hawaii. Hawaii residents who are Members shall have a valid Hawaii driver’s license.
A Member shall have no more than 3 moving violations or accidents in the past 36 months, no major traffic violations in the past 36 months, and no conviction for a major traffic violation. For the purposes of this section, a “major traffic violation” means major violations of statutes, ordinances, or rules relating to traffic movement and control (e.g. reckless driving, driving without a valid license, excessive speeding, driving under the influence, or leaving the scene of an accident).
GoVibe reserves the right to change the requirements to be a Member at its sole discretion without notice.
Consent to Driving Records Check.
Eligibility for membership and the right to rent a vehicle through the GoVibe Platform may be subject to a review of driving records or abstracts. GoVibe shall have the right, but not the obligation, to check driving records or abstracts upon the creation of a Member account, or during a Member’s membership in GoVibe. Even if approved for membership, GoVibe may suspend a Member account and decline or cancel any reservation based on a review of a Member’s driving history at any time. Any discrepancies discovered by GoVibe between a Member’s driving record or abstract and any representation by a Member may result in the termination of the membership. A Member may decline giving consent to such driving records check; provided that GoVibe is notified via email at: email@example.com; provided further that refusing to consent to a driving records check may result in the denial, suspension, or termination of a Member account, as determined by GoVibe in its sole discretion.
Obligation to Report Change in Circumstances.
By creating a Member account, a Member shall notify GoVibe upon discovery of any change of circumstances that affects the Member’s eligibility requirements prior to making a reservation. If the reported change in circumstances adversely affects a Member’s requirements, GoVibe may suspend or terminate the Member account in GoVibe’s sole discretion.
Failure to be Truthful.
If GoVibe determines that a Member has not truthfully or accurately activated or maintained a Member account or truthfully or accurately reported any required change in circumstances, the Member shall be disqualified from participating in any insurance program made available by GoVibe and the Member account may be suspended or terminated in GoVibe’s sole discretion.
The use of services through the GoVibe Platform shall result in charges to its Members (“Charges”). Charges shall include Fares and other applicable fees, tolls, surcharges, and taxes as set forth in the GoVibe App. GoVibe reserves the right to determine and modify pricing by posting applicable pricing terms in the GoVibe Platform for a Reservation. Pricing may vary based on the type and size of rental vehicle.
Each Reservation shall include a flat fee charge per trip for the pick up and drop off service that shall be posted in the GoVibe App and disclosed prior to the booking of a Reservation.
Rental Fees, Other Costs and Charges.
Each Reservation shall include a daily charge for each day a vehicle is rented. The current rental fees and an explanation of how rental fees are calculated shall be posted in the GoVibe App. Members may also be required to pay certain costs and charges related to the services offered by GoVibe, including, but not limited to: airport taxes and fees, unanticipated costs and charges related to the use of the rental vehicle, fuel, insurance, account billing and payment processing, traffic and parking tickets and all attorney’s fees and costs incurred by GoVibe to enforce any term or condition of this Agreement or any right of GoVibe against the Member under this Agreement, including for collection of any fees and other charges owed by the Member. A list of the current charges and taxes shall be posted in the GoVibe App. Rental fees, other costs and charges shall be charged to the payment method in your Member Account at the end of the Reservation. Members are responsible for providing and maintaining current and accurate account information, including credit card numbers and expiration dates, email address, mobile phone number and mailing address.
D. Rules and Policies.
A GoVibe rental vehicle may be used only in accordance with the terms and conditions of this Agreement. If a Member determines that a rental vehicle may be unsafe, the Member shall immediately stop operating the rental vehicle and contact GoVibe.
Seat Belt Use.
Members agree to be compliant with Hawaii’s universal seat belt law, which requires that all front and back seat motor vehicle occupants buckle up. Adults and children must use their seat belts and child restraints at all times.
Members are responsible for complying with all applicable seat belt and child restraint laws. Hawaii’s child passenger restraint law requires that children under 4 years of age to ride in a child safety seat, and that children between the ages of 4 and 8 to ride in either a child safety seat or a booster seat. Children shall never be left unattended in a vehicle.
Rental Vehicle Return.
A rental vehicle shall be returned to the GoVibe Hub on the date and time indicated in the Reservation and or within 24 notice in the event of a demand from GoVibe.Failure to return the vehicle to the GoVibe Hub at the time provided for in the Reservation or as demanded by GoVibe is a violation of the Agreement and GoVibe shall consider the rental vehicle as overdue and assess applicable fees and penalties. If a rental vehicle is returned earlier than the time indicated in the Reservation, a higher rate may apply. A rental vehicle may not be returned at a time when the GoVibe Hub is closed. If a rental vehicle is returned to a GoVibe Hub when it is closed, a Member’s responsibility for rental fees, loss of or damage to the rental vehicle shall continue until the GoVibe Hub reopens and GoVibe retakes possession of the rental vehicle. If GoVibe does not find the vehicle when the GoVibe Hub reopens, a Member’s responsibility for all charges and for the loss of or damage to the rental vehicle shall continue until the rental vehicle is actually returned to or recovered by GoVibe.
Cancellation, Extension, No Show, and Early Return.
A Reservation may be canceled at no charge to the Member if the cancellation is within twenty-four hours of the Reservation being made. If the Reservation is canceled after twenty-four hours or more of the Reservation being made, GoVibe may assess a service/administrative fee of up to $100 against a Member account. If the Reservation is canceled less than twenty-four hours prior to the start of a Reservation, GoVibe may assess a service/administrative fee of up to $200 against a Member account.
A Reservation may be extended if GoVibe is contacted before the return date as specified in the Reservation, which GoVibe may or may not grant at GoVibe’s sole discretion. If GoVibe grants an extension, GoVibe may assess a service/administrative fee of up to $100 against a Member account for the extension period.
If a Member fails to show for a Reservation, GoVibe may assess a service/administrative fee in an amount equal to the estimated rental fees for the Reservation.
If a Member ends the Reservation early, GoVibe may assess a service/administrative fee of up to $100 against a Member account for the early termination.
Condition of the Vehicle upon its Rental from and Return to GoVibe.
A GoVibe Driver shall assist a Member complete an inspection of the interior and exterior of a rental vehicle upon pick up prior to the Member leaving the GoVibe Hub. A Member, upon the completion of the Reservation shall return the rental vehicle to GoVibe in the same condition in which it was received by the Member.
Fuel Service Charge.
All rental vehicles are rented with a full tank of fuel and shall be returned to GoVibe with a full tank of fuel. If a rental vehicle is returned with less fuel than it had upon the initial delivery, GoVibe will charge a fuel service charge at the applicable rate specified in the GoVibe App. To calculate this charge, GoVibe will calculate the number of gallons of fuel needed to refill the rental vehicle’s fuel tank (based on the vehicle’s gas gauge and the capacity of the vehicle’s fuel tank), and then multiply by the prevailing per gallon pump price of premium fuel in the area plus a $5.00 service fee.
GoVibe maintains a clean and smoke free fleet of rental vehicles. Members shall return a rental vehicle in the same clean and smoke free condition. Members will pay a cleaning fee (up to $500 depending on the condition of the rental vehicle) for interior and exterior cleaning upon its return and if there are any unusual stains, smells (including cigarette and cigar smells), dirt or soil in or on the vehicle attributable to animals, pets or to any other use of the vehicle.
Key and Owner’s Manual Replacement Costs.
Members are responsible for the costs incurred by GoVibe to replace the key(s) to a rental vehicle provided if a Member loses or damages the key(s) or otherwise fails to return fully functional key(s) when the rental vehicle is returned to GoVibe. If the owner’s manual is provided in the rental vehicle and is not returned, a Member will be responsible for the costs incurred by GoVibe to replace the manual plus an administrative fee of up to $100.
Members shall exercise reasonable caution and care at all times while operating a GoVibe rental vehicle. Any accident, regardless of circumstance or degree of seriousness, shall be immediately reported to GoVibe at firstname.lastname@example.org. Members shall fully cooperate with GoVibe and GoVibe’s insurer and claims adjuster in the investigation and resolution of any claims arising during the Reservation. Failure to immediately report any accident and cooperate with any investigation and subsequent resolution may result in additional charges to a Member account and the suspension or termination of a Member account.
Members are responsible for and will pay any and all traffic and parking violations while in possession or control of a GoVibe rental vehicle, including toll or other photo enforced violations. Members are liable for the fines imposed for any such violations, plus any late payment and applicable processing fees due to the governing municipality. In addition, Members will be responsible for all costs and expenses incurred by GoVibe, including reasonable attorney fees, plus an administrative fee of up to $100 per violation.
Limitations on Use.
A GoVibe rental vehicle shall:
Only be operated by a Member;
Not be operated by any person under the influence of alcohol or drugs, whether used with or without a prescription;
Not be operated by any person who has obtained the use of the rental vehicle by providing false, fraudulent or misleading information or withholding facts from GoVibe, or who has obtained access through the GoVibe App without the permission of GoVibe;
Not be used as a taxi or otherwise to carry persons or property for hire or any other commercial use;
Not be used or operated for any illegal purpose; in an illegal or reckless manner; in a race or speed contest; to tow or push anything; to carry dangerous or hazardous items of any kind except as allowable under law; or in a manner intended to damage the vehicle or cause injury or damage to another person(s) or another person’s property;
Not be used to carry passengers in excess of the number of seat belts provided by the vehicle manufacturer;
Not be driven or taken outside of the island on which it is provided and shall not be shipped or moved interisland;
Not be driven on an unpaved road or off-road unless approved in writing in advance by GoVibe for each such use; and
Not be driven or operated while using a hand-held wireless phone or other communication device.
Members shall not perform or authorize repairs or any modifications to a GoVibe rental vehicle.
Smoking or the use of tobacco, e-cigarettes or any similar products is not permitted in a GoVibe rental vehicle at any time.
Animals are not permitted in a GoVibe rental vehicle, unless the animal is kept in an appropriate animal carrier, or the animal qualifies as a guide or service animal for a person with a disability who accompanies the animal.
Members shall comply with all Hawaii State Laws.
Any violation of a use limitation for a GoVibe rental vehicle shall be considered a breach of this Agreement. Upon receiving notice of a breach, GoVibe may terminate a Reservation and suspend or terminate the Member’s Member account without notice. Notwithstanding the foregoing, if the Member so terminated retains possession of a rental vehicle, GoVibe shall consider the rental vehicle as overdue and assess applicable fees and penalties. Members hereby release and discharge GoVibe from, and agree to indemnify, defend and hold GoVibe harmless against any liability arising from such Termination of Member account and GoVibe’s efforts to reclaim possession of the rental vehicle.
E. Responsibility for Losses and Damages.
E. Responsibility of the Member.
Regardless of fault, a Member is responsible for any and all losses and damages to a GoVibe rental vehicle or any part, equipment, accessory or other property provided by GoVibe for use by the Member during a Reservation. A Member shall be responsible for the costs of all repair and replacement costs necessary to repair and/or replace the rental vehicle; provided that GoVibe shall facilitate the repair or where applicable, the replacement of the rental vehicle. If a rental vehicle is stolen or if GoVibe determines that a rental vehicle has only salvage value as a result of a loss or damage, the Member shall pay GoVibe the fair market value of the rental vehicle less any applicable sale and insurance proceeds received as a result of the damages or loss. A Member is also responsible for damages including but not limited to, loss of use (which includes but is not limited to usage as a rental), claim administrative fees, diminishment of value, towing, storage or impound fees, and any other costs incurred by GoVibe related to the damage to or loss of the rental vehicle.
A Member’s credit card MAY provide an appropriate level of coverage for the Member’s use of a GoVibe rental vehicle, however, it is very important to check PRIOR to making a reservation with GoVibe. This is for the Member’s protection and to ensure a convenient and trouble free rental experience. GoVibe does not provide any advice or opinion pertaining to a Member’s personal insurance coverage or credit card benefits.
F. Third Party Liability.
Third Party Liability Insurance Coverage.
GoVibe may make available liability insurance coverage for third party bodily injury and property damage arising out of the use or operation of a GoVibe rental vehicle.
Loss Damage Waiver.
A Loss Damage Waiver or Collision Damage Waiver (“LDW” or “CDW”) is not insurance and is optional. Member who opt for a LDW shall pay the daily LDW rate for each full or partial day that the rental vehicle is in the Member’s possession. Notwithstanding the foregoing paragraph E, if a Member opts for a LDW and is not otherwise in violation of this Agreement, GoVibe will assume all losses and damages to the rental vehicle.
An authorized driver of GoVibe rental vehicle, may, under certain circumstances, be considered an insured under certain GoVibe insurance policies. Except where required by law to be primary, any insurance protection provided by GoVibe shall be secondary to, and not in excess of, any applicable insurance or other coverage available to a Member or any other authorized driver, from any other source, whether primary, excess, secondary or contingent. Insurance protection may arise where an authorized driver of the rental vehicle causes “bodily injury” or “property damage” (as those terms are defined in GoVibe’s pertinent insurance policies) to others. The GoVibe provided insurance protections shall meet the minimum financial responsibility limits required by the law of the applicable jurisdiction. Under no circumstances will an authorized driver be given insurance protection for their own “bodily injury” or “property damage.” If insurance protection is extended by operation of law to a person or instance unintended by the terms of this Agreement, then such insurance protection shall meet the minimum financial responsibility limits required by the law of the applicable jurisdiction. GoVibe has unlimited discretion to provide coverage under a certificate of self-insurance, an insurance policy, or both.
Waiver of Liability Insurance/Protection.
Unless required by governing law, GoVibe will not provide liability insurance protection for: (a) a Member’s death, bodily injury or damage to a Member’s property or other property within the rental vehicle; or (b) the death, bodily injury or property damage of any member of a Member’s family, the rental vehicle’s driver’s family or a fellow employee of a Member or the driver. Unless required by governing law, GoVibe will not provide supplementary no fault, noncompulsory uninsured or underinsured motorist coverage or any other optional coverage. Where any of the foregoing insurance protections are required by law, then such insurance protection shall meet the minimum financial limits required by the law of the applicable jurisdiction. Where permitted by law, Members and GoVibe reject and waive for Members and all other passengers in the vehicle, any uninsured or underinsured motorist and any optional automobile insurance coverage under any policy of insurance or certificate of self-insurance.
Supplemental Liability Insurance (SLI) & Exclusions.
Additional automobile liability insurance protection may be available to Members if purchased as part of the Reservation. SLI is an insurance coverage administered and provided by an independent insurance company and the terms, conditions, cost, amount of coverage, restrictions and exclusions of SLI are available through the GoVibe Platform. GoVibe has no authority or power to control the terms of SLI coverage or to administer any claims under SLI and shall not be responsible or liable in any respect concerning SLI coverage.
Personal Effects Insurance (PEI).
Additional insurance for the protection of personal effects may be available to Members if purchased as part of the Reservation. PEI is an insurance coverage administered and provided by an independent insurance company (and the terms, conditions, cost, amount of coverage, restrictions and exclusions of PEI are available through the GoVibe Platform. GoVibe has no authority or power to control the terms of PEI coverage or to administer any claims under PEI and shall not be responsible or liable in any respect concerning PEI coverage.
Personal Accident Insurance (PAI).
Additional Personal Accident Insurance may be available to Members if purchased as part of the Reservation. PAI is an insurance coverage administered and provided by an independent insurance company and the terms, conditions, cost, amount of coverage, restrictions and exclusions of PAI are available through the GoVibe Platform. GoVibe has no authority or power to control the terms of PAI coverage or to administer any claims under PAI and shall not be responsible or liable in any respect concerning PAI coverage.
Limits on Liability Protection.
GoVibe makes no representation or warranty as to the adequacy of third party liability insurance coverage made available by GoVibe and GoVibe assumes no responsibility for the actions of any such insurer. If a Member breaches the terms and conditions of this Agreement, the Member shall be responsible for the total amount of losses and damages. The third party liability insurance coverage made available by GoVibe does not cover the theft of a rental vehicle or the contents contained in the rental vehicle. To the extent permitted by law, Members and GoVibe waive and reject the inclusion of uninsured motorist, underinsured motorist, wage loss benefits, death benefits and any other optional coverage.
G. Limitation on Liability; Indemnification by Member.
Any rental vehicle, equipment, accessories and other property AND SERVICES is offered through the GoVibe Platform under this Agreement “AS IS” and “as available”. GoVibe makes no warranties, express or implied, regarding any rental vehicle, equipment, accessories or other property OR SERVICES offered through the GoVibe Platform, including any implied warranty of merchantability, non-infringement or fitness for a particular purpose.
Limitation on Liability.
To the maximum extent permitted by law, GoVibe shall have no liability for any damages relating to or arising out of a Member’s membership or use of a GoVibe rental vehicle or other property or service offered by GoVibe, including the reservation or non-availability of a Vehicle, the Data Collection System or any other equipment or accessories. If GoVibe breaches any of its obligations under this Agreement or if a rental vehicle suffers a mechanical failure or other failure through no fault of the Member and provided that GoVibe is liable under applicable law for such breach or mechanical failure, the Member’s sole remedy shall be limited to receiving a substitute rental vehicle of similar type selected by GoVibe and the reimbursement of the pro rata portion of the rental fee for such period that the Member did not have use of a rental vehicle.
MEMBERS WAIVE ALL CLAIMS, WHETHER DIRECT OR INDIRECT, FOR LOST PROFITS OR CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR A MEMBER’S USE OF A GOVIBE RENTAL VEHICLE OR OTHER PROPERTY OR SERVICE OFFERED BY GOVIBE. IN ADDITION, MEMBERS ON BEHALF OF THEMELVES AND ANY PASSENGERS OF THE MEMBER’S RENTAL VEHICLE, WAIVE, RELEASE AND DISCHARGE ANY REAL PROPERTY OWNER, AGENTS OR ASSIGNS, ON WHICH A GOVIBE RENTAL VEHICLE IS DELIVERED, STORED OR PARKED, FROM A CLAIM FOR ANY INJURY OR DAMAGE SUSTAINED OR SUFFERED BY THE MEMBER WHILE ON SAID REAL PROPERTY, EXCEPT AS MAY BE CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF SUCH PARTIES. THE CLAIMS WAIVED, RELEASED AND DISCHARGED SHALL INCLUDE PERSONAL INJURY, WRONGFUL DEATH, AND ANY LOSS OR DAMAGE TO ANY VEHICLE CAUSED BY FIRE, THEFT, VANDALISM, COLLISION, EXPLOSION, FREEZING, STORMS, NATURAL DISASTERS, STRIKES, RIOTS OR BY ANY OTHER CAUSES, UNLESS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE REAL PROPERTY OWNER, AGENTS OR ASSIGNS.
Member’s Personal Property.
GoVibe shall not be held responsible for any damage to or loss or theft of any personal property belonging to, transported by, or otherwise in the possession of a Member, whether the damage, loss or theft occurs during or after the Reservation regardless of fault or negligence. Members release any and all claims against GoVibe for any such damage, loss or theft.
GoVibe Website and App.
(a) TO THE MAXIMUM EXTENT PROVIDED BY LAW, GOVIBE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY COMPUTER OR ELECTRONIC VIRUSES, A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, SMARTPHONE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE GOVIBE PLATFORM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE GOVIBE PLATFORM OR ON ANY LINKED WEBSITE OR SERVICE.
A MEMBER’S USE OF THE GOVIBE PLATFORM, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE GOVIBE PLATFORM IS AT THE MEMBER’S RISK. THE GOVIBE PLATFORM, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE GOVIBE WEBSITE OR GOVIBE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING SECTIONS, NEITHER GOVIBE NOR ANY PERSON ASSOCIATED WITH GOVIBE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE GOVIBE WEBSITE OR GOVIBE APP.
THE FOREGOING NOTWITHSTANDING, GOVIBE MAKES NO REPRESENTATION OR GUARANTY THAT:
THE GOVIBE PLATFORM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE GOVIBE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED;
DEFECTS WILL BE CORRECTED
THE GOVIBE PLATFORM AND THE SERVER ON WHICH IT IS BASED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
THE GOVIBE PLATFORM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE GOVIBE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(b) THE FOREGOING NOTWITHSTANDING, AND TO THE MAXIMUM EXTENT PROVIDED BY LAW, GOVIBE, ITS AFFILIATES, SERVICE PROVIDERS, OR THEIR LICENSORS AND RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, ATTORNEYS, SUCCESSORS AND ASSIGNS, SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, OR INABILITY TO USE, THE GOVIBE APP, THE GOVIBE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE GOVIBE PLATFORM OR ANY WEBSITES LINKED TO IT, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification by Members.
Members shall defend, indemnify and hold harmless GoVibe, its affiliates, service providers, or their licensors, and respective directors, officers, employees, shareholders, agents, attorneys, successors and assigns, from any and all losses, liabilities, damages, injuries, claims, demands, costs, attorney’s fees and other expenses relating to or arising out of a breach of this Agreement by a Member and/or the Member’s membership or use of a rental vehicle or other property or service offered through the GoVibe Platform.
H. Term and Termination.
The term of this Agreement will begin upon the successful registration of a Member account and shall continue until the membership is terminated or cancelled in accordance with this Section H.
Termination Without Cause.
A Member may terminate the Member account at any time. GoVibe may terminate a Member’s Member account at any time and for any reason as may be provided more specifically in this Agreement.
Suspension or Termination of Member account by GoVibe.
GoVibe may suspend or terminate this Agreement, a Member account, and a Reservation at any time in our GoVibe’s sole discretion. The basis for such suspension or termination may include but not be limited to the following circumstances:
A Member’s breach of the terms or conditions of this Agreement.
A Member is charged during the preceding 36 months with, or has been convicted of, a major traffic violation.
A Member, at any time receives 3 or more moving violations or accidents during the preceding 18 month period.
A Member no longer has a valid driver’s license.
A Member is determined as fully or partially at fault for an traffic accident.
A Member fails to disclose an accident.
A Member no longer satisfies the eligibility requirements for membership or has provided false or misleading information.
A Member fails to disclose any change in circumstances pertaining to the eligibility requirements for membership.
A Member no longer has an active email address or mobile phone number.
A Member fails to pay any fees or other charges when due.
GoVibe determines, in its sole discretion, that a Member has been involved in criminal or otherwise improper activity, including, but not limited to, the fraudulent creation of or use of a GoVibe Member account and using a GoVibe rental vehicle in furtherance of an illicit activity.
No applicable fees will be refunded in the event of a suspension or termination or suspension pursuant to this Section H.
Rights and Liabilities upon Suspension.
Upon the suspension of a Member account, a Member will not be able to reserve or use any GoVibe rental vehicle. GoVibe may reinstate a Member account and full access to the GoVibe Platform if, in GoVibe in its sole discretion determines that the reason for the suspension no longer exists and that reinstatement is appropriate. Members are responsible for providing any information upon request from GoVibe required to make such determination.
Rights and Liabilities upon Termination or Cancellation.
Upon the termination or cancellation of a Member account, a Member shall immediately return to GoVibe any GoVibe rental vehicle or other GoVibe property in the Member’s possession. The Member shall remain responsible for any fees or other charges incurred prior to termination of the Member account.
GoVibe has implemented and shall maintain reasonable policies and practices to protect personal information in compliance with applicable law.
Communications with Members.
All forms of communication between GoVibe, its Members and third party service providers may be recorded or monitored. By using the GoVibe Platform, Members acknowledge and consent to the recording or monitoring of such communications. Members also acknowledge and consent to GoVibe’s use of any information provided to GoVibe, in the manner limited and defined through the GoVibe Platform, and in accordance with the terms of this Agreement.
Disclosure of Information to Third Parties.
GoVibe Members expressly authorize GoVibe to provide Members information, including but not limited to a Member’s name, address and driver’s license information, to applicable authorities, as required by law, and to applicable authorities or other third parties, in connection with GoVibe’s enforcement of its rights under this Agreement.
Members acknowledge that data collected through the use of the GoVibe Platform may be recorded and stored by GoVibe’s third party service providers, and where GoVibe is not directly collecting the data, GoVibe shall be entitled to access and use the same. Members further authorize GoVibe to use or disclose aggregated location information involving a GoVibe rental vehicle to third parties for the purposes of data analysis to determine trends, including, but not limited to, the marketing or improvement of the GoVibe Platform. Members consent to the disclosure of aggregated forms of all information collected for such analysis, marketing, and improvement.
Data Collection and Usage Release.
Without limiting any other limitations of liability in this Agreement, Members release its affiliates, service providers, or their licensors, and respective directors, officers, employees, shareholders, agents, attorneys, successors and assigns, from any claim or damage (including incidental and/or consequential damages) arising from any liability involving data collection and usage.
Members agree to receive email related to market research and promotions. Members may opt-out of this communication by contacting email@example.com or by following the unsubscribe instructions contained within the email.
J. Dispute Resolution.
Members and GoVibe agree to settle any dispute or claim arising out of or relating to this Agreement by binding arbitration in Honolulu, Hawaii pursuant to the Hawaii Uniform Arbitration Act, Chapter 658A of the Hawaii Revised Statutes, as amended. The arbitration will be conducted by Dispute Prevention & Resolution, Inc. (“DPR”) in accordance with its arbitration rules and procedures (the “DPR Rules”). The DPR Rules are available athttps://dprhawaii.com/dpr-rules/ or by calling the DPR at (808) 523-1234 . The Federal Arbitration Act will govern substantive law to the extent not inconsistent with the arbitration provisions in this Agreement.
(a) The arbitrator(s) will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision.
(b) In order to make the arbitration hearing fair, expeditious and cost-effective, discovery by both parties shall be limited to requests for production of documents material to the claims or defenses in the arbitration. Limited depositions for use as evidence at the arbitration hearing may occur as authorized by the Hawaii Uniform Arbitration Act.
(c) All expenses of the arbitration, including the arbitrator’s fee, will be shared equally been the Member and GoVibe. Each Member and GoVibe shall bear their own attorney and witness fees, provided that the arbitrator(s) may award attorneys’ fees and costs in an amount authorized by law to a prevailing party related to any claim or contention of a nonprevailing party that the arbitrator determines was frivolous or wholly without merit.
(d) The arbitrator will be empowered to grant whatever relief would be available in court under law, subject to the terms, conditions and limitations of this Agreement.
(e) Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
BY AGREEING TO RESOLVE ALL DISPUTES THROUGH ARBITRATION, THE MEMBER AND GoVibe EACH AGREE TO UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT.
Class Action Waiver.
Members agree that any claims brought by a Member will be brought in the Member’s individual capacity and shall not be brought as a class action or used as the basis on which to certify a class action.
Member’s Understanding of Terms and Conditions.
By registering a Member account, Members confirm that the Member has received all reasonable explanations regarding the terms and conditions of this Agreement, including all schedules, and the Member has reviewed and understands the terms and conditions of this Agreement and the Member’s obligations hereunder.
If any provision or portion of a provision of this Agreement is determined to be invalid or otherwise unenforceable, all remaining provisions and portions of provisions shall continue in full force and effect. It shall be conclusively presumed that the parties would have entered into the remainder of this Agreement without such invalid provision.
This Agreement is governed by the laws of the State of Hawaii without regard to its conflict of law principles.
No delay or omission by GoVibe to exercise any right or power under this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by GoVibe of any covenant or condition to be performed by Members or any breach thereof shall be in writing and shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant or condition in this Agreement.
The rights granted to Members under this Agreement are not assignable or transferable, in whole or in part. Any attempt by a Member to assign or otherwise transfer this Agreement or any rights hereunder or to sublease a rental vehicle without the consent of GoVibe shall be void and of no force and effect. GoVibe may assign this Agreement without the consent of its Members.
This Agreement, together with the schedules and policies referred to in this Agreement and which are hereby incorporated by reference, constitutes the entire agreement between the parties hereto. In entering into this Agreement, neither party has relied on any statement, representation, warranty, or agreement of the other party except for those expressly contained in this Agreement.
The headings of sections in this Agreement are for convenience only and will not affect their meaning or interpretation.