PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AN AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Welcome to EagleShare, a peer-to-peer motorcycle rental marketplace website, and online service provided by ERXShare LLC (hereinafter, "EagleShare", "we", or "us"). EagleShare provides an online platform that connects vehicle Owners with Renters seeking to rent those vehicles. The term “Agreement” refers to the terms of service set forth from this point forward, these Terms and Conditions, and all attachments, addenda, releases, acknowledgments, policies, agreements, and instruments signed or initialed by any rider/renter. The term “Vehicle” means the vehicle, motorcycle, bike, and any other vehicle that may be substituted for it, and all its tires, tools, accessories, equipment, keys, and vehicle documents. EagleShare’s websites and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other EagleShare users, you agree to comply with and be legally bound by, the provisions of these Terms of Service (“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 EagleShare.
EagleShare reserves the right, at our sole discretion, to change, modify, add, or remove portions from our Services and/or Agreement, including these Terms at any time and so you should review these Terms and incorporated policies periodically. You agree and understand, such changes may be necessary from time to time, to allow Riders Share to improve our Services, meet the evolving needs of our users, comply with changes legal and regulatory updates, or as may be required by our relationships with third-party partners who provide, among others, payment processing, and insurance services.
If we modify these Terms, we will post the modification on our Services. We will also update the “Last Revised” date at the top of these Terms. By continuing 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 EagleShare Account within 30 days. If you choose to close your EagleShare account, the previously effective version of these Terms will apply to you, unless you have used the Services during the intervening 30-day period, in which case the new version of these Terms will apply to you.
Eligibility to use EagleShare Services:
- You must be at least 21 years old
- You must have a valid motorcycle class driver's license or equivalent motorcycle endorsement to rent a street-legal motorcycle
- You must have a major payment method
By using the Services you represent that all use of the Services, including all transactions with other Users shall be lawful and legal in the municipality, state, and country in which you reside. Further, you warrant that all documentation, verifications, permissions, and forms as EagleShare may require now, or in the future, at the time of account creation shall be updated and current and that you shall observe all incorporated Terms in your Use of the Services and any transaction arising therefrom with EagleShare, other users or affiliated parties.
4. Registration of EagleShare Accounts
To access certain features of the Services, you must sign up for an account with us (an “EagleShare Account”). You can create an EagleShare Account by providing us your legal first and last name as it appears on your driver's license, a valid email address, a valid phone number that accepts SMS text messages (please no VoIP numbers), and creating a password or connecting through an account with a third-party site or service (including Facebook and Google) in which you are collectively referred to in this Agreement as "User". As used in this Agreement, “Owner” shall mean any User that submits a motorcycle that meets all of the requirements as further outlined in the “Owner Terms,” prior to listing a motorcycle, to be rented through or via the Services or the legally designated representative of title-holder of the motorcycle as outlined in further detail in the Owner Terms. As used in this Agreement, “Renter” shall mean any User that rents a motorcycle from another User as the primary driver/rider and not a passenger, through or via the Services on EagleShare and to the extent they shall meet the requirements outlined in the Renter Terms. Your EagleShare Account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. Each transaction in which a Renter rents a motorcycle from an Owner via the Services is referred to in this Agreement as a "Rental".
By registering for an EagleShare Account, you must provide accurate and complete information and keep such information updated and accurate throughout the term of this Agreement and you give us permission to disclose the information you provide on your application to third parties as we may determine shall be necessary for verification purposes, to obtain additional information about you, and for any other lawful business purpose. By using your EagleShare Account, you acknowledge and agree to abide by this Agreement and the Renter and/or Owner terms which apply to your particular type of EagleShare Account, and to update any settings, documentation, or other requirements as may be required of you by EagleShare or according to the Owner and/or Renters Terms.
When you book a vehicle as a Renter, you provide us with certain additional information about yourself. Similarly, when you list a vehicle as an Owner, you provide us with certain additional information about yourself and your vehicle(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your EagleShare Account up to date at all times. Based on the information you provide, EagleShare may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements).
THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF MOTORCYCLES BETWEEN REGISTERED EAGLESHARE ACCOUNT HOLDERS. EAGLESHARE CANNOT GUARANTEE THE ACCURACY OF ALL INFORMATION CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY MOTORCYCLE. WE RELY ON OUR USERS TO REPORT INACCURACIES, AND TO UPDATE PROFILE, ACCOUNT, OR LISTING INFORMATION TO UPHOLD MARKETPLACE STANDARDS AND COMPLY WITH ACCEPTED USE POLICIES. EAGLESHARE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO INACCURACIES IN LISTINGS OR BEHAVIOR THAT VIOLATES THIS AGREEMENT OR OUR ACCEPTED USE POLICY IN YOUR USE OF THESE SERVICES OR PERFORMANCE OF ANY AGREEMENT ARISING THEREFROM. ANY RESERVATIONS AND RENTALS REQUIRE ADHERENCE TO THESE AND INCORPORATED TERMS AND WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.
Users alone are responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to their use of the Services and performance of any transaction arising therefrom, including but not limited to their licensure, condition of their motorcycle, registration, sufficiency, and insurance coverage. Understanding and complying with local laws, or the terms of contracts entered into with third parties. EagleShare is not under a duty to verify or confirm the accuracy of the information Users submit when registering for an EagleShare Account, creating a listing, or entering into an agreement with another User, except to the extent required by law. Under no circumstances is EagleShare responsible for verifying the sufficiency of Insurance coverage. Renters may purchase additional insurance coverage as may be made available through EagleShare by our third-party affiliates, users agree that EagleShare is not the insurer but may act as an agent of third-party service providers.
The Services are not available to any Users previously removed from the Services by EagleShare unless EagleShare has given you written notice of reinstatement. Any effort or attempt to use the Services after removal is a violation of these Terms. All Users must be valid EagleShare Account holders, having provided all requested, required, and complete documentation for determining eligibility to establish an account to use the Services, as may be determined and requested by EagleShare in its sole discretion. You acknowledge and agree that EagleShare may change its Renter and Owner Terms, and incorporate eligibility requirements at any time and for any reason.
Where permitted, EagleShare has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of Users and Vehicles, including driving history, motor vehicle report, driver’s license validity, and verification of vehicle details whenever it's needed. EagleShare does not endorse any vehicle, user, or user’s background, or commit to undertake any specific screening process. EagleShare 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 EagleShare to request, receive, use, and store such information. EagleShare may permit or refuse your request to book or list a vehicle at its sole and absolute discretion. EagleShare 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 or roadworthiness, or legal status of any vehicles beyond our policies that require vehicle Owners to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean (i.e., non-salvaged/non-branded/non-washed/non-written off) title, not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.
When you attempt to book or list a vehicle, or at any time after when EagleShare reasonably believes there may be an increased level of risk associated with your EagleShare Account, you are providing EagleShare with written instructions and authorize EagleShare, 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.
You agree that you will always use your EagleShare Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by EagleShare. Your EagleShare Account is for your personal or individual use only. You may not use another User's EagleShare Account, permit anyone else to use your EagleShare Account, or assign or otherwise transfer your EagleShare Account to any other person or entity, unless you have created such an account as directed by the title-holder of a vehicle, in the manner outlined in the Owner Terms. You are and will be solely responsible for, all of the activity that occurs through your EagleShare Account. Keep your EagleShare Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your EagleShare Account, whether or not you have authorized such activities or actions. You will immediately notify EagleShare of any actual or suspected unauthorized use of your EagleShare Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your EagleShare Account. EagleShare will not be liable for any losses caused by any unauthorized use of your EagleShare Account.
As an Owner, you commit that you will provide a safe and legally registered and insured vehicle, with a clean title, in good mechanical condition, on time to the Renter. As a Renter, you commit that you’ll be a legally licensed driver and provide proof to the Owner of a current, valid driver’s license, who will treat the Vehicle 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.
In connection with your use of or access to the Services you may not, and you agree that you will not:
Violate any law, including:
- breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights;
- post false, inaccurate, misleading, defamatory, or libelous content;
- infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to EagleShare, or that comes from the Services and belongs to another User or a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of EagleShare;
Dilute, tarnish, or otherwise harm the EagleShare brand in any way, including:
- through unauthorized use of EagleShare and/or User content;
- registering and/or using EagleShare or derivative terms in domain names, trade names, trademarks, or otherwise;
- registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to EagleShare domains, trademarks, taglines, promotional campaigns, or EagleShare and/or User content;
Provide or submit any false, or misleading information, including:
- false name, date of birth, driver’s license, payment method, insurance, or other personal information;
- in relation to a claim (for example about damage to a vehicle);
- by registering for an EagleShare Account on behalf of an individual other than yourself;
- impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity;
Fail to honor your commitments, including:
- fail to pay fees, penalties, or other amounts owed to EagleShare or another User;
- fail, as either a Renter or Owner, to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason;
- use the Services to find an Owner or Renter, and then complete a transaction partially or wholly independent of the Services, to circumvent the obligation to pay any fees related to EagleShare’s provision of the Services or for any other reasons (aka, gray market transactions);
- transfer your EagleShare Account and/or User ID to another party without our consent;
- list or provide to a Renter a Vehicle that is subject to a safety recall without first properly addressing the matter subject to the recall;
- leave a Vehicle unlocked or running with the keys, except where instructed to do so directly by EagleShare in certain limited circumstances;
Harm or threaten to harm users of our community, including:
- “stalk” or harass any other EagleShare user or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Owner or Renter in accordance with these Terms;
- engage in physically or verbally abusive or threatening conduct;
- use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;
- treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they’re from, or when they were born. Discrimination of any kind is not tolerated in the EagleShare community;
- sue or assert legal claims against EagleShare or an EagleShare user in any manner prohibited or waived by these Terms;
Use the Services for your own unrelated purposes, including to:
- contact an Owner for any purpose other than in relation to a booking or said Owner’s Vehicle(s) or listing(s);
- contact a Renter for any purpose other than in relation to a booking or such Renter's use of the Services;
- commercialize any content found on EagleShare or software associated with our Services, including reviews;
- harvest or otherwise collect information about Users without their and our consent;
- recruit or otherwise solicit any User to join third-party services or websites that are competitive to EagleShare, without EagleShare’s prior written approval;
Interfere with the operation of the Services, including by:
- interfering with any other User’s listings;
- entering into an EagleShare transaction with a member of your family, household, friend, colleague, or acquaintance;
- using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam);
- distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm EagleShare or the interests or property of others;
- distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm EagleShare or the interests or property of others;
- bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure;
- systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise;
- using display mirroring or framing the Services or any individual element within the Services, EagleShare’s name, any EagleShare trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without EagleShare’s express written consent;
- accessing, tampering with, or using non-public areas of the Services, EagleShare’s computer systems, or the technical delivery systems of EagleShare’s providers;
- attempting to probe, scan, or test the vulnerability of any of EagleShare’s system or network or breach any security or authentication measures;
- avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by EagleShare or any of EagleShare’s providers or any other third party (including another user) to protect the Services;
- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information;
- attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
- endeavoring to circumvent a suspension, termination, or closure of your EagleShare Account, including, but not limited to, creating a new EagleShare Account to circumvent an account suspension or closure or giving Vehicles registered to you or a member of your household to other Users to list.
EagleShare 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. EagleShare reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that EagleShare, 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 EagleShare, 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 EagleShare 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.
9. 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.
10. Payment and Fees
10.1 Fee Terms
The fees we charge for using the Services and other cost structures will be itemized at checkout for Renters. You can verify the amount for your trip at checkout before you submit your trip request. Owners can view earnings on the Dashboard and learn more about their earnings breakdown there. When you provide EagleShare a payment method, you authorize EagleShare, or third-party service providers acting on EagleShare’s behalf, to store your payment credentials for future use in the event you owe EagleShare any money. You authorize EagleShare to use stored payment credentials for balances, including for Trip costs and fees and fines (e.g., late fees, security deposits, processing fees, claims costs, and related administrative fees). Any use of referral EagleShare Credit is governed by the terms and conditions outlined here.
EagleShare and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. EagleShare, or the collection agencies we retain, may also report information about your EagleShare Account to credit bureaus. As a result, late payments missed payments, or other defaults on your EagleShare Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third-party charges. If you wish to dispute the information EagleShare reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact us. If you wish to dispute the information a collection agency reported to a credit bureau regarding your EagleShare Account, you must contact the collection agency directly.
In certain jurisdictions, EagleShare may enable the collection and remittance of certain taxes from or on behalf of Renters or Owners, based on existing and future tax regulations, including marketplace facilitator or Vehicle sharing regulations. The amount of taxes, if any, collected and remitted by EagleShare will be visible to, and separately stated, both Renters and Owners on their respective trip-related documents and invoices. Where EagleShare is facilitating the collection and remittance of taxes, Owners are not permitted to collect the same taxes on the Services in relation to their Vehicle sharing in that jurisdiction.
11. Payouts and Payout Fees
11.1 Payout Terms
EagleShare shall not consider a Rental to have officially commenced unless all Check-In and Pick-up procedures have been followed (including uploading Check-In Photos showing the condition of Vehicle prior to Rental period, valid Drivers License, Odometer pictures) by both Owner and Renter with the Renter having reviewed and signed the Pick-up Contract. Upon return of the Rental Vehicle, proper drop-off procedures must be followed in order to end the rental period. EagleShare reserves the right to hold funds due and payable if proper procedures are not followed, or EagleShare may elect to take remedial actions on any User account, including withholding funds or suspending or terminating User accounts in the event procedures set forth in these Terms are not followed.
11.2 Payout Fees
Owners will be paid amounts due only if they supply correct payout information on the platform website. EagleShare utilizes a third-party service "Hyperwallet" to facilitate payouts to Owners. By adding your payout information, and continuing to use our services, you agree to Hyperwallet's terms and agree to pay any fees associated with the use of Hyperwallet's pay portal.
12. Communication with You
To contact you more efficiently, you agree that we may at times contact you using auto-dialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your EagleShare Account registration; provide notices regarding your EagleShare Account or EagleShare 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 minutes and text and data charges may apply. Where EagleShare is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize EagleShare and its partners, without further notice or warning and at our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with EagleShare or its agents for quality control and training purposes. You acknowledge and understand that your communications with EagleShare may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us.
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.
EagleShare is not an insurance company and does not insure Owners or Renters. Owners and Renter protection plans made available through the Services are in no way related. To be eligible for coverage under a protection plan, Owners or Renters must comply with these Terms. Protection plans are available through the Services only in the United States (excluding New York).
15. Legal disputes for Owners and Renters residing in the United States
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND EagleShare HAVE AGAINST EACH OTHER ARE RESOLVED.
Subject to applicable law, the Parties agree that any claim or dispute at law or equity 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 outlined in this Legal Disputes Section.
Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and EagleShare agree to notify the other Party of the nature of the dispute or claim prior to initiating the 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. Please provide your name, phone number, email, a mailing address, and briefly describe both the nature of your dispute and the relief you would like from EagleShare. 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 FairClaims or the American Arbitration Association (“AAA”) as set forth below, pursuant to the FairClaims Rules or AAA’s Consumer Arbitration Rules, as appropriate. A form for initiating arbitration proceedings is available on the FairClaims website or AAA's website. (AAA provides a Demand for Arbitration form.) Any settlement offer made by you or EagleShare shall not be disclosed to the arbitrator.
16. Applicable Law
Except as otherwise stated in the Agreement, the Agreement and your use of the Services will be interpreted in accordance with the laws of the State of Arizona and the United States of America, without regard to its conflict-of-law provisions.
17. Agreement to Arbitrate
The Parties each agree that any and all disputes or claims that have arisen or may arise at any time between you and EagleShare (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 and claims” shall have the broadest possible meaning that will be enforced and includes, without limitation, any and all disputes and/or claims that arise out of or in any way related to (1) the Agreement, including this Agreement to Arbitrate; (2) your use of, or access to the Services, or any services sold, offered, or purchased through the Services (such as listing or sharing a vehicle); or (3) any breach, enforcement, or termination of the Agreement, including this Agreement to Arbitrate. Through this Agreement to Arbitrate, the Parties intend to arbitrate all disputes or claims regardless of whether they are based on 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 the 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. The only exceptions to this Agreement to Arbitrate are: (1) each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the “Agreement to Arbitrate”); and (2) disputes or claims that can be brought in small claims court. The Federal Arbitration Act and the laws of the state of Arizona govern the interpretation and enforcement of this Agreement to Arbitrate.
18. 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. Unless the parties agree otherwise, the 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 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.
19. 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.
Where the relief sought is $25,000 or less, the arbitration will be conducted by FairClaims in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. Where the relief sought is $25,001 or more, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by email, a notice of dispute (“Notice”). The Notice to EagleShare should be sent via email to us. Please provide your name, telephone number, email, a mailing address, and briefly describe both the nature of your dispute and the relief you would like from EagleShare.
If the Parties are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, either Party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the FairClaims website or the AAA’s site. (The AAA provides a Demand for Arbitration form.) Any settlement offer made by you or EagleShare shall not be disclosed to the arbitrator.
Any FairClaims arbitration hearing shall be held via written submission, or where requested, via videoconference. Any AAA arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. Either Party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the Parties subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. In cases where an in-person hearing is held, you and/or EagleShare may attend by telephone.
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 EagleShare 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.
The Parties agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of any of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the Parties or entities.
20. Costs of Arbitration
If You initiate arbitration proceedings, you will be responsible for the initial filing fee, capped at $200. EagleShare will cover any additional costs of any FairClaims arbitration fees. Payment of any additional filing, administration, and arbitrator fees will be governed by the AAA’s rules unless otherwise stated in the Agreement to Arbitrate.
With the exception of the provisions in the 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 its Legal Disputes Section will continue to apply.
Opt-Out Procedure. If you are a new EagleShare user, you can choose to reject the agreement to arbitrate provision by emailing us an opt-out notice. The opt-out notice must be received 30 days after the date you accept these terms for the first time or the commencement of your first trip on EagleShare as a Renter or Owner, whichever date is earliest. In order to opt out, you must email your name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your EagleShare Account(s) to which the opt-out applies. 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 parts of the Agreement, these Terms, and its Legal Disputes Section will continue to apply to you.
22. Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in these Terms to the contrary, the Parties agree that if we make any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed against EagleShare 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 these 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 but 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 EagleShare, 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.
23. Judicial Forum for Legal Disputes
Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or court order, or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between the Parties must be resolved exclusively by a state, federal, or small claims court located in Phoenix, Arizona. The Parties agree to submit to the personal jurisdiction of a state court located in Maricopa County, Phoenix, Arizona, or a United States District Court for the District of Arizona located in Phoenix, Arizona.
24. EagleShare Photography
EagleShare may offer Owners the option of having photographers take photographs of their Vehicles and/or Owners with their Vehicles (“Images”). You alone are responsible for using the Images in connection with your EagleShare listing and you warrant that you will cease using the Images if they no longer accurately represent your vehicle. You agree that EagleShare is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all rights, titles, and interests in all copyrights, trademark rights, and any and all other intellectual property rights, including the right of publicity rights, 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 EagleShare’s ownership or registration thereof. You acknowledge that EagleShare 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 EagleShare 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 EagleShare. At EagleShare’s request, you will execute documents and take such further acts as EagleShare may reasonably request to assist EagleShare in acquiring, perfecting, and maintaining its intellectual property rights and other legal protection in the Images.
You understand that if EagleShare uses the term “Verified Images” the term is intended only to indicate a photographic representation of the vehicle at the time the photograph was taken. Verified Images are therefore not an endorsement by EagleShare of any user or any vehicle.
25. EagleShare Content and User Content License
Subject to your compliance with the provisions of these Terms, EagleShare grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any EagleShare 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 EagleShare or its licensors, except for the licenses and rights expressly granted in these Terms.
26. 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 trip. By making available any content on or through the Services, or through EagleShare promotional campaigns, you grant EagleShare 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, though, by means of, or to promote or market the Services. Except as described above with respect to Images, EagleShare 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.
27. Copyright Protection
We respond to notices of alleged copyright infringement and terminate EagleShare 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 here.
28. Insurance and Protection Plans
EagleShare is not an insurance company and does not insure owners or renters. Owner and renter protection plans made available through the Services are in no way related to EagleShare. To be eligible for coverage under a protection plan, owners or renters must comply with the Terms of Service. Protection plans are available through the Services only in the United States (excluding New York) or through commercial owners. EagleShare as a platform may decline or cancel your rental reservation where there is a lack of a protection plan (no protection plan purchased) at any time at our sole discretion even if the renter provides their own personal insurance coverage.
You may discontinue your use of the Services at any time and EagleShare 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 You incurred prior to the termination and EagleShare 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 dispute provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.
30. No Vehicle Transfer or Assignment
Except as otherwise provided herein, Owners and Renters 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.
EagleShare provides services that enable the sharing of vehicles and optional extras between Owners and Renters. Except as otherwise provided in these terms, EagleShare does not itself provide insurance services and is not responsible for any of the acts or omissions of any of the users of its services. To the extent permitted by applicable law, without limiting the foregoing, EagleShare explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of the course of dealing or usage of trade. EagleShare makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle or optional Extras, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. EagleShare makes no warranty regarding the quality of any listings, Vehicles, Owners, Renters, Extras, 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 EagleShare, EagleShare Insurance Agency, or its service providers or through the Services or content, will create any warranty not expressly made herein.
32. Limitation of Liability and Waiver
To the extent permitted by applicable law, you waive any and all rights you have to sue or make claims against EagleShare and its respective subsidiaries, directors, officers, agents (including third-party administrators, insurance producers, and insurance providers), or employees (together, the “EagleShare parties”) and any EagleShare User (except as detailed below for transactions where the Owner provides their own commercial/rental protection plan or with respect to optional extras) for any damages or losses arising out of or in connection with your use of the Services including, without limitation, a Vehicle not being available when it was supposed to be, any malfunction of or deficiency in a Vehicle, any breach of warranty or other obligation by any manufacturer or other third party, any personal injury or property damage suffered by you or any of your passengers (except if damage arises from an extra) and, in the case of the EagleShare parties, any actions or inaction of the Owner. Neither EagleShare nor any other party involved in creating, producing, or delivering services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage, or system failure, or the cost of substitute products or services, from the use of or inability to use the services, or from your listing or booking of any vehicle or optional extra via the services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory. Except for our obligations to pay amounts to applicable Owners or Renters pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will EagleShare’s or its subsidiaries’ or insurers’ aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of (i) the amounts you have paid or owe for bookings via the Services as a Renter in the twelve-month period prior to the event giving rise to the liability, or if you are an Owner, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (ii) Us$100. The limitations of damages set forth above are fundamental elements of the basis of the bargain between EagleShare and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. 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 she must have materially affected his or her settlement with the debtor.”
To the extent permitted by applicable law, you waive any and all rights you have to sue or make claims against any EagleShare user for any damages or losses arising out of or in connection with your use of the services unless (1) you are an Owner who has declined a protection plan via the Services and are making a claim against a Renter who booked a Vehicle for which you opted to provide your own commercial/rental insurance or coverage to the Renter; (2) you are a Renter who booked a Vehicle from an Owner who opted to decline a protection plan via the Services and such Owner opted to provide insurance or protection directly to you and you are making a claim against that company/Owner; or (3) your claim relates to an optional extra purchased using the services.
To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold EagleShare 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 your access to or use of the Services or your violation of these Terms; your user content; your interaction with any User, booking of a Vehicle, or creation of a listing for a Vehicle; or the use, condition, or trip, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a booking, sharing, or use of a vehicle or optional Extra(s).
34. Liquidated Damages
You acknowledge that the actual damages likely to result from you (i) engaging in gray-market transactions (i.e., using EagleShare to find a Renter or Vehicle, and then completing a reservation or related transaction partially or wholly independent of EagleShare, in order to circumvent the obligation to pay any EagleShare Fees) (ii) registering domains, social media handles, bidding on keywords, or otherwise using the EagleShare domains, trademarks, or taglines; or (iii) suing or making claims against another EagleShare user are difficult to estimate and would be difficult for EagleShare to prove. You will pay EagleShare for any Liquidated Damages to compensate EagleShare for any such conduct.
EagleShare is not a rental vehicle company. It does not own a fleet of vehicles, and is not, in the business of renting vehicles to the public. EagleShare 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.
35. No Agency
EagleShare 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 EagleShare and EagleShare will not make commitments on your behalf, except as contemplated by the Services or expressly stated in the Agreement.
The Agreement states the entire understanding between you and EagleShare 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.