Terms of Service

Last Updated on November 12, 2018

***THIS DOCUMENT IS A BINDING AGREEMENT BETWEEN ALL USERS OF THE HIWAY CARS, LLC PLATFORM, WEBSITE AND OTHER SERVICES, WIDGETS AND APPS PROVIDED BY HIWAY CARS, LLC OR ITS SUPPLIERS AND AFFILIATES. THE AGREEMENT CONTAINS A BINDING MUTUAL ARBITRATION PROVISION (INCLUDING A CLASS ACTION WAIVER). BY ACCEPTING THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE TO BINDING ARBITRATION. IF YOU USE HIWAY CARS, LLC WEBSITE(s), AND/OR “PLATFORM” AS DESCRIBED BELOW, YOU ACCEPT THE TERMS OF THIS TERMS OF SERVICE AGREEMENT. ***

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH OF THE PROVISIONS OF THIS AGREEMENT. YOUR USE OF THE PLATFORM MEANS THAT YOU UNDERSTAND AND AGREE THAT HIWAY CARS, LLC IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND VEHICLE OWNERS OR SUPPLIERS, NOR IS HIWAY CARS, LLC A TRANSPORTATION SERVICE, AGENT, OR INSURER. HIWAY HAS NO CONTROL OVER THE CONDUCT OF THE USERS, SUPPLIERS OF VEHICLES, THIRD PARTY SERVICE PROVIDERS AND DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD.

BY ACCESSING OR USING THE SERVICES, INCLUDING BY COMMUNICATING WITH US OR OTHER USERS, YOU AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO THE COLLECTION PROCEDURES AND USE OF YOUR INFORMATION AS SET FORTH IN THE PRIVACY POLICY, WHETHER OR NOT YOU ARE A REGISTERED USER OR A PROVIDER OF THE PLATFORM. DO NOT ACCESS THE PLATFORM OR USE THE PLATFORM IN ANY WAY IF YOU DO NOT AGREE TO THESE TERMS OF USE.

Definitions

  • drivehiway.com is a peer-to-peer car sharing marketplace provided by Hiway Cars, LLC. that enables Users and Providers to engage in and transact car sharing reservation contracts for third party cars.
  • This Terms of Service Agreement (“Agreement”) describes the terms and conditions that govern the use of and participation in any of Hiway services, including our website, web widgets, feeds, applications for third-party websites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Hiway (collectively the “Platform”).
  • The person or entity who is using Hiway’s Platform to book a vehicle for their use is referred to as a “User”.
  • The person or entity who is using Hiway’s Platform to share out their vehicle to the User is referred to as a “Provider”.
  • “Reservation” is a car sharing contract completed on the Platform.
  • Authorized Driver” and “Additional Driver(s)” are Users who are registered as drivers on the car reservation completed on the Platform, are covered by Hiway insurance for the duration of current Reservation.
  • “Car” means any vehicle shared via the Platform.
  • For the purposes of this Terms of Service Agreement, “you” means every Provider or User;Hiway”, “us”, “our” and “we” refers to Hiway Cars, LLC.

The following Terms govern your access to, and use of, the Platform and constitute a binding legal agreement between you and Hiway Cars, LLC. You and Hiway are collectively referred to herein as the “Parties”.

NOTE.  Different and/or additional terms may apply to specific services or features offered on the Platform or specific uses of the Platform (“Specific Agreements”).

1. Revisions to this Agreement

Hiway Cars, LLC may revise and update this Terms of Service Agreement from time to time and will post the updated Agreement and other documents to the Platform. Although we are not obligated to notify users of changes in this Terms of Service Agreement, we will try to notify every registered user of the Platform, by sending an email to their email address that users specify in their Account profile. Please keep your email address in your profile up to date and add address [email protected] to your email approved senders list to ensure proper delivery. Your continued use of this Platform will constitute your agreement to any new provisions within the revised Agreement(s). No employee or Agent of Hiway has the right to modify, waive or amend this Agreement unless and until it is posted on the Platform.

2. Your License to Access the Platform

All written content prepared and posted by Hiway and the Platform design, layout, look, appearance, and graphics on the Platform, as well as the trademarks, service marks, and logos contained on the Platform (“Hiway Content”) are owned by or licensed to Hiway and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. Hiway reserves all rights not expressly granted in, and to, the Platform and the Hiway Content.

Except as otherwise provided in this Agreement, no part of the Platform and no Hiway Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use, without Hiway’s prior express written consent.  

On the condition that you comply with all your obligations under this Agreement, Hiway grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform.  Any use of the Platform other than specified in this Agreement, is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use the Platform.

Your access to the Platform is provided “as-is” with no guarantee for future availability.  We reserve the right to withdraw or modify any content or services we provide on the Platform without notice except for valid Reservations in effect.  

3. Eligibility

This Service is intended solely for licensed drivers twenty-one (21) years of age or older, and any registration, use, or access to the Service by anyone under 21 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Hiway, unless Hiway has given you written notice of reinstatement. All Users must pass our User, Provider, and Vehicle Eligibility Requirements and must provide all necessary and complete documentation for determining eligibility throughout your use of the Service, as may be determined and requested by Hiway in its sole discretion. You acknowledge and agree that Hiway may change its User and Vehicle Eligibility Requirements at any time and for any reason.

4. Hiway Accounts.

The use of the Platform requires that you open a User or a Provider account (“Account”). In order to share your vehicle on Hiway, you must apply for a “Provider” Account. In order to book a vehicle from a Provider, on the Platform, you must apply for a “User” Account. You can be both a User and a Provider if you wish.

By requesting a User or a Provider Account, you give Hiway permission to disclose the information you provide on your request to third parties for verification purposes and to obtain additional information about you, such as insurance companies and DMV. Hiway may accept or reject User or Provider Account applications, in our sole discretion, for any reason. If you are accepted for a User and/or Provider Account, you acknowledge and agree to abide by this Agreement and the User, Provider and Vehicle Eligibility Requirements which are applicable to your particular type(s) of Account(s).

Users with a User or a Provider Account (collectively referred to in this Agreement as “Users”), acknowledge and agree as follows:

  1. Your User and/or Provider Account are for your use only and should not be shared. You are responsible for any and all actions on your Account. Please treat your Account as secure your bank account.
  2. For your safety, you may not use another person’s or entity’s Account, permit anyone else to use your Account or assign or otherwise transfer your user Account to any other person or entity.

    When applying for and creating your Account, you must provide an accurate and complete information and keep such information timely updated and accurate throughout the term of this Agreement. You must notify Hiway immediately of any breach of security or unauthorized use of your Account. Hiway will not be liable for any losses caused by any unauthorized use of your Account.

    You can control your user profile and how you interact with the Platform by changing the options in your Account page.

5. Policies and Procedures. Reservations.

If you are a Provider, you agree to our Provider’s Agreement incorporated herein by reference. If you are a Provider, by accessing or using the Platform, you signify that you have read, understood, and agree to be bound by the Provider Policies and Procedures.

If you are a User, by accessing or using the Platform, you signify that you have read, understood, and agree to be bound by the User Agreement, incorporated herein by reference

Additionally, as a Provider, you represent and warrant that:

  1. you own or have all the necessary rights, consents, and authority to permit the vehicle you submit to be used as intended by the Platform; and
  2. the use of the vehicle you submit as contemplated herein will not violate any rights of a third party or any agreement with respect to such vehicle, including, but not limited to, any leasing or financing agreements.

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

6. Restrictions on Your Use of the Platform

You agree that when using the Platform, you will not:

  1. Create an Account on the Platform, unless you are at least 21 years of age or the age of legal majority in your jurisdiction (if older than 21);
  2. Delete, modify, or attempt to change or alter any of the Hiway Content or notices on the Platform;
  3. Cause the Platform not to work as intended, violate any Account or Platform as a whole security, or introduce any harmful devices or programs. Examples of the forbidden harmful behavior are, but not limited to: introducing into the Platform any virus, rogue program, time bomb, drop dead device, ransomware, back door, Trojan horse, worm or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to the Platform or to otherwise harm other users, Hiway Content, or any third parties, or perform any such actions;
  4. Use the Platform to commit fraud or conduct other unlawful activities;
  5. Access or attempt to access any other person’s account, personal information, or content without express permission;
  6. Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to reverse engineer source code, structure, or ideas upon which the Platform is based;
  7. Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Platform for any reason;
  8. Use any Hiway Content made available through the Platform in any manner that misappropriates any trade secrets or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
  9. Submit any content or communications through or relating to the Platform that violates any rights of a third party, including copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
  10. Submit any content or communications through the Platform that is unlawful, harmful, hateful, threatening, abusive, violent, profane, discriminatory, prejudicial, disparaging, fraudulent, inaccurate, misleading, dangerous, offensive, indecent, harassing, threatening, intimidating, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or otherwise objectionable;
  11. Decrypt, transfer, frame, display, or translate (except translations for personal use) any part of the Platform;
  12. Connect to or access any Hiway computer system or network without authorization;
  13. Use the information in the Platform to create or sell a similar service; or
  14. Use the Platform for the purpose of soliciting, selling, or offering services, merchandise, or products.
Hiway may suspend or terminate, in whole or in part, your access to the Platform if you violate the terms and conditions set forth in this Section.  

7. Your Content and Suggestions

The Platform includes features that involve information that you upload, submit, or send through the Platform (“Your Content”). This section provides the terms and conditions governing your use of such features.

  1. License to Your Content.  By submitting Your Content to the Platform, you grant Hiway a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, adapt, display, and perform Your Content. You represent and warrant that you have the necessary rights to Your Content, including the right to assign or grant a license to your rights in this Agreement.  Please do not submit Your Content to the Platform if do not wish to grant us the rights set forth in this Section 6(A).
  2.  Your Suggestions.  We welcome your comments regarding the Platform, Hiway Content, and our services. In addition to the license you grant to us in Section 6(A) for Your Content, if you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials to us in connection with or related to the Platform and Hiway’s services (including any related technology), whether you send such information or materials to us through the Platform or through a separate communication channel, you grant us a non-exclusive, perpetual, royalty-free, irrevocable right to use, disclose, reproduce, modify, license, transfer, and otherwise distribute, and exploit any such information or materials in any manner. Please do not send us such information or materials, if you do not wish to grant us the rights set forth in this Section 6(B).
  3. Prohibited Content.  You agree that you will not use the Platform to send, post, or publish:
    • Any content that is obscene, defamatory, threatening, harassing, abusive, slanderous, racially, or ethnically offensive, hateful, or embarrassing to any other person or entity;
    • Any message, data, code, or software that would violate our, or any third party, proprietary, or intellectual property rights, including unauthorized copyright text, images, programs, trade secrets, or other confidential proprietary information, or use trademarks or service marks in an infringing fashion;
    • Any personal information of a third party, or images that include a third party or depict a third party’s likeness, without the third party’s express written consent;
    • Any advertisements or solicitations of business, chain letters, pyramid schemes, or bulk e-mail lists or upload;
    • Any materials that violate, could cause us or a third party to violate, or encourage us or a third party to violate any applicable law, statute, ordinance, or regulation; or
    • Any content or communications intended to impersonate someone else.
  4. Your Responsibility for Your Content.  Your Content is your sole responsibility. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind incurred as a result of the use of any of Your Content. Hiway further reserves the right to monitor, delete or modify any of Your Content that it deems offensive, inappropriate, advertising, illegal, off-topic or otherwise violates this Agreement.

Hiway may suspend or terminate, in whole or in part, your access to the Platform and the related services if you violate the terms and conditions set forth in this Section.  

8. Payments. Collections.

  1. To the extent permissible by law, you are responsible for timely paying every and all amounts incurred in connection with your use of the Platform or this Agreement when due. You will pay all amounts due in connection with the reservation of a vehicle by means of the method of payment you have on file with Hiway (the “Payment Method”). You may update and should keep up to date the Payment Method(s), such as credit card expiration date(s), addresses, etc. via the Platform at any time. You hereby authorize Hiway to charge any and all amounts due to Hiway or to a User to the Payment Method without further action required by you or further notice to you as long as these amounts are accurate and conform to the User and/or Provider Agreements. Payments for booking fees as shown on the “Review & confirm” page of the Platform, deposits (if any), and applicable taxes and government fees will be due (and charged to the Payment Method) contemporaneously with completing a reservation for the booking of a vehicle from a User via the Platform. The deposit may take the form of a preauthorization on the Payment Method.
  2. You authorize Hiway to use your payment method for balances, including but not limited to, Reservation Costs, payment, fines and fees and claims costs and related administrative fees. Hiway and its partners will employ all legal methods available to collect the amount due, including the engagement of collection agencies and/or legal counsel. If payments are not made according to the Terms, you may be accessed late fees. Hiway, or the collection agencies we retain, may also report your account(s) to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees, bank fees, and/or other third parties charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by electronic mail or by phone, as provided to Hiway by you. Such communication may be made by Hiway or by anyone on its behalf, including but not limited to a third party Collection Agency. If you wish to dispute the amounts charged, please do so in timely manner, no later than 10 business days from the amount in question is posted on your Account. If you fail to pay in timely manner, please contact our Collections Dept for arrangements.

     

9. Background Check

In connection with your use of the Platform to book a vehicle, you hereby authorize and direct Hiway, either itself or through a third-party consumer reporting agency, to obtain credit and consumer reports and other available information, including your motor vehicle driving record(s), etc.

10. Text Messaging

If you create an account with the Platform and provide a mobile phone number and e-mail address, you will have an option to agree that Hiway may send you some informational text (SMS) messages, including through the use of automated dialer technology, as part of the normal business operation of your use of the Hiway Platform. You may not opt out of receiving certain text messages related to the Hiway Platform and your use of any vehicle provided by a Provider; however, you may opt out of receiving other types of text messages from Hiway at any time by texting the word STOP in reply to the text message received. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Hiway Platform.

11. Third Party Websites

The Platform may include or provide links to other websites on the Internet that we do not control. These other websites may provide opinions, recommendations, or other information from various individuals, organizations, or companies. We are not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites and we do not investigate, monitor, or check them for quality, accuracy, or completeness.  Inclusion of any linked website on the Platform does not imply or express an approval or endorsement of the linked website by us or of any of the content, opinions, treatments, information, products, or services provided on these websites, even if we receive a referral fee in connection with your use of such third-party websites. These external links are made available to you for your convenience. Hiway explicitly disclaims any and all liability from your access to these websites. You will be notified by Platform when you are leaving the Platform for an external site.  

12. Privacy. Protection of Account

Our Privacy Policy describes how we collect and use your personal information that you provided Hiway with and/or that we collected from credit bureaus and other legitimate sources.

You are responsible for protecting your Platform account log-in credentials from unauthorized access and use. You must promptly notify Hiway by e-mail at [email protected] of any known or suspected unauthorized use(s) of your account. If you suspect that your account may have been compromised, try to change your password as soon as possible, review your Account activity, and contact Hiway. We at Hiway work hard to protect your interests and security.

13. Digital Millennium Copyright Act Procedures

Hiway investigates notices of copyright infringement and takes appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c), as follows:

  1. All notifications, pursuant to the DMCA, must be submitted to Hiway at [email protected].
  2. A copyright owner or agent of such owner thereof believes that third-party submitted content or materials, including photographs and digital images (“Third-Party Submission”), available through this Platform infringes upon your copyrights, copyright owner may submit a notification, pursuant to the DMCA, to the email address specified above. To be effective, the notification must include:
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • A link to the specific page if alleged copyright infringement is located on a web page that is a part of the Platform or is otherwise under control of Hiway;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact the complaining party, such as a name, company name if available, address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  3. If Account holder or another “Interested Party” believes that Third-Party Submission, which was removed as a result of the complaint (or to which access was disabled), is not infringing, or that Account holder has authorization from the copyright owner, the copyright owner’s agent, or other authority under the law, to publish or use the Third-Party Submission, then Interested Party may submit a counter-notice, pursuant to the DMCA, to the email address identified above. To be effective, the counter-notice must include:
    • Interested Party’s physical or electronic signature;
    • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    • A statement under penalty of perjury that Interested Party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
    • Interested Party’s name, address, telephone number, and a statement that Interested Party consents to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or in the State of New Jersey, USA, if Interested Party’s address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided the notification of the alleged copyright infringement.
  4. If a counter-notice is received by Hiway, Hiway may send a copy of the counter-notice to the original complaining party (or agent thereof) informing that person that Hiway may replace the removed Third-Party Submission or cease disabling it in ten business days. Unless the copyright owner (or their agent thereof) files an action seeking a court order against the provider of the Third-Party Submission, the removed Third-Party Submission may be replaced, or access to it restored, in ten (10) to 14 (Fourteen) business days or more after receipt of the counter-notice, at Hiway’s sole discretion.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or identification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider (such as or including Hiway), who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are uncertain whether Third-Party Submission infringes your or others’ copyrights, please consult with a copyright attorney prior to making a notice under the DMCA.

14. CHOICE OF LAW

This Agreement and the rights of the Parties hereunder will be governed by and construed in accordance with the Laws of the State of New Jersey. The Parties acknowledge that this Agreement may evidence a transaction(s) involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive Law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

15. Dispute Resolution

  1. Binding Mutual Arbitration. Any dispute, claim or controversy in connection with, arising out of or relating to membership in the Platform, this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate (a “Dispute”), will be determined by arbitration in Hoboken, New Jersey before a single arbitrator. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with AAA Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This provision will not preclude Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
  2. Conduct of Arbitration. The arbitration will be commenced by the claimant party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing party. Within thirty (30) calendar days of the date the demand for arbitration is filed, the Parties will select an arbitrator by following the AAA Consumer Arbitration Rules’ appointment procedures. Except as may be required by law, neither Party nor the arbitrator may disclose the existence, content or results of any arbitration under this Agreement without the prior written consent of both Parties. The arbitrator’s award will be in writing accompanied by a reasoned opinion and a written statement of the essential findings and conclusions on which the award is based.
  3. Costs. The arbitrator will determine how the costs and expenses of the arbitration will be allocated between the Parties and may award attorneys’ fees.
  4. Limitation of Liability. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits or any punitive or exemplary damages.
  5. Arbitration is on an Individual Basis Only; Class Action Waiver. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION, OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE ARBITRATOR’S POWER TO RULE ON HIS OR HER OWN JURISDICTION AND THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE, THE ARBITRATOR HAS NO POWER TO RULE ON THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THIS SECTION WILL REMAIN IN FORCE.

16. Disclaimer

THE PLATFORM IS PROVIDED “AS IS”. WE DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF (I) YOUR USE OR THE RESULTS OF YOUR USE OF THE PLATFORM; (II) ANY ADVICE YOU ACQUIRE FROM THE PLATFORM WHETHER PROVIDED BY US OR A THIRD PARTY; OR (III) ANY OTHER CONTENT AVAILABLE THROUGH THE PLATFORM. WE DO NOT PROMISE THAT THE PLATFORM WILL BE UNINTERRUPTED OR WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THERE IS NO WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION OR CONTENT.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS CONTAINED IN THESE TERMS OF USE SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS FROM THE DATE OF ACCESS.

17. Limitation of Liability

We are not responsible for any damages to you or anyone filing suit on your behalf for any reason.

HIWAY AND ITS LICENSORS, PARENTS, OR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,  AGENTS, ASSIGNEES, OR SUCCESSORS-IN-INTEREST WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS, DEMANDS, LOST PROFITS, OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RELATING TO THIS AGREEMENT, YOUR USE OF THE PLATFORM OR ANY INFORMATION YOU OBTAIN ON IT, OR ANY OTHER INTERACTION WITH THE PLATFORM AND YOU VOLUNTARILY AND UNEQUIVOCALLY WAIVE ANY LIABILITY OF HIWAY.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM WILL BE TO STOP USING THE PLATFORM.  

IN ANY EVENT, THE MAXIMUM TOTAL LIABILITY OF HIWAY, ITS SUPPLIERS, LICENSORS, PARENT, OR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNEES OR SUCCESSORS-IN-INTEREST, FOR ANY CLAIM WHATSOEVER RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND YOUR SOLE REMEDY SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE LESSER OF ONE THOUSAND U.S. DOLLARS ($1000.00 USD) OR YOUR DIRECT PROVABLE DAMAGES. 

IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO THE 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.”  YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST HIWAY.

18. INDEMNIFICATION

YOU WILL HOLD HARMLESS, INDEMNIFY, AND DEFEND HIWAY, ITS SUBSIDIARIES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES (COLLECTIVELY, “HIWAY PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS (INCLUDING ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, AND REASONABLE ATTORNEYS’ FEES ARISING THEREFROM) RELATING TO ANY ACTION OR PROCEEDING BROUGHT BY A THIRD PARTY AGAINST ANY ONE OR MORE OF THE HIWAY PARTIES (I) ALLEGING INJURY, DAMAGE, OR LOSS RESULTING FROM YOUR USE OF THE PLATFORM; (II) ALLEGING THAT CONTENT YOU SUBMITTED THROUGH OR RELATING TO THE PLATFORM INFRINGES A COPYRIGHT, PATENT, OR TRADEMARK OR MISAPPROPRIATES A TRADE SECRET OF A THIRD-PARTY; (III) RELATED TO ANY ACT OR OMISSION BY YOU WHICH IS A BREACH OF YOUR OBLIGATIONS UNDER THIS AGREEMENT; AND (IV) YOUR USE OF INFORMATION OBTAINED THROUGH THE PLATFORM.  

You will have the right to defend and compromise such claim at your expense for the benefit of the Hiway Parties; provided, however, you will not have the right to obligate the Hiway Parties in any respect in connection with any such settlement without the prior written consent of the indemnified party. Notwithstanding the foregoing, if you fail to assume your obligation to defend, the Hiway Parties may do so to protect their interests and you will reimburse all costs incurred by the Hiway Parties in connection with such defense.

19. Availability  

When you make a Reservation through the Platform, you may indicate your preference toward a specific type, category, or class of the vehicle. While the Providers strive to honor your request for vehicle type, your requested vehicle type is not guaranteed to be available. Specific vehicles, makes and models are not guaranteed, and listed vehicle types and models are for example only. Vehicle fleet information including capacities is based on the latest information provided to us by the Providers and is subject to change at any time.

20. Insurance: Comprehensive and Collision Coverage. Deductible Applies

Hiway maintains insurance that provides certain coverage to Users and Providers for Reservations transacted through the Platform, as further described in our Insurance Summary (the “Hiway Insurance”). In the event that a Reservation in which you participate as a User results in a claim covered by the Hiway Insurance, Hiway will make reasonable efforts to assist you in submitting a claim. Hiway does not guarantee the results of any claim submitted for coverage under the Hiway Insurance. You agree that all insurance-related communications will be conducted electronically.

The collision and comprehensive coverage provided protects parties in the event of an accident or other loss. It covers the vehicle against theft, fire, vandalism, weather damage, and any damage to the vehicle if an accident should occur up to the actual cash value of the vehicle (with a limit of $75,000). A $1,000.00 (One Thousand Dollars) deductible applies and will be charged to the User for all physical damage and accident claims. If User has violated Hiway’s Terms of Service, the deductible does not apply, and the User may be held responsible for the full amount of the claim.  

In the unlikely event of a conflict or inconsistency between the explanation of insurance coverage in our Insurance Statement and an applicable insurance policy offered to the users, the insurance policy language controls.

21. Promotions.

You must be a user in good standing (not suspended), comply with our Terms and the promotion rules to qualify for any promotional compensation. Users who attempt to abuse our promotions are subject to cancellation/reversal of the promotion amounts and suspension from the Hiway Platform. Users cannot cancel existing reservations to qualify for new promotions. Providers cannot allow acquaintances, friends, or family to book their vehicle in order to qualify for promotions.

22. Miscellaneous Terms

  1. Complete Agreement.  Except for any Specific Agreements that may govern particular uses or features of the Platform, this Agreement constitutes the entire agreement between you and Hiway relating to your use of, and access to, this Platform and supersedes any prior or contemporaneous agreements or representations.  This Agreement may not be amended except as set forth in Section 1 of this Agreement.
  2. Severability.  If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted.  Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. Where there is a conflict between the terms in a Specific Agreement and the terms in this Agreement, the conflicting terms in Specific Agreement shall take precedence.
  3. Headings.  Descriptive headings contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of this Agreement.
  4. No Waivers.  Our failure to enforce or exercise any provision of this Agreement or related right will not constitute a waiver of that right or provision.
  5. No Assignments and Transfers.  No rights or obligations under this Agreement may be assigned or transferred by you, either voluntarily or by operation of law, without our express prior written consent and in our sole discretion.
  6. Language of the Agreement.  Although this Agreement may be translated into other languages, the English language version of this Agreement shall control in any dispute between the parties.
  7. No Third-Party Beneficiaries.  Nothing in this Agreement will confer upon any person, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.
  8. Notices.  You can provide any notices to us under this Agreement by e-mail or postal mail using the contact information provided in Section 22.  Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or through posting notices to your account. You are responsible for providing Hiway with up-to-date contact information, which you may do by updating your account information through the Platform or by sending a message to us via the contact information provided in Section 22. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.

23. Contact Information.

If you have any questions or need to contact us for any reason relating to this Agreement, please e-mail [email protected].