Terms and Conditions

By using or accessing PaymentCovered.com (referred to herein as the “Site”), you acknowledge and agree that you are subject to the following terms and conditions, as well as our Privacy Policy, which also governs your use of the Site, and is incorporated by reference (These Terms and Conditions with the Privacy Policy shall be referred to as the “Terms“). Please read these Terms carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than court.

Definitions.

As used in these Terms:  

  •       “Booking”: The act of a Fleet Host reserving a vehicle on the Site for temporary use during a selected time period.
  •       “Listing”: The act of an Owner placing a vehicle on the Site for use by Fleet Hosts.
  •       “Member”: A Website Visitor who has made an account to use and access the Site, including Owners and Fleet Hosts.
  •       “Owner”: A Member who is the owner of a vehicle and lists said vehicle for use by a Fleet Host on the Site.
  •       “Fleet Host”: A Member who uses a vehicle listed on the Site.
  •       “Website Visitor”: Any individual or entity that visits or uses the Site.

If you do not fully agree to these Terms and any other terms and conditions posted or linked to any Site, you are not authorized to access or otherwise use the Site. Under these Terms, “use“ or “access“ of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term “Site“ includes, without limitation, any cached version thereof.

Unless otherwise specified, the entity controlling the Site you are accessing is referred to herein as “Payment Covered” “PaymentCovered.com,” “we,” “us” or “our”. The term “you“ refers to the visitor visiting the Site, enlisting a vehicle, and/or using the Site for any other purpose. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Payments Covered. You are not authorized to use this Site unless you are at least 18 years of age and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18. If you arrived on the Site after having been redirected or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.

 

  1. The Site is a Listing Platform, and We Are Not a Party to any Use Agreement or other Transaction Between Owners or Fleet Hosts of the Site.

 

We urge all Website Visitors to be responsible about their use of this Site and any transaction entered into as a result of either listing a vehicle or driving a vehicle. We do not own or manage, nor can we contract for, any vehicle listed on the Site. The Site provides a marketplace enabling Owners to list their vehicles for use by other Fleet Hosts. The earnings from this service directly contribute to the vehicle's payment. This agreement governs the interaction between Owners and Fleet Hosts, detailing the obligations and responsibilities of each party (collectively “Owners” and “Fleet Hosts” are referred to as “Members“). We also may offer online booking or other tools or services to allow Members to communicate with each other and enter into use agreements or other transactions.

 

We are not a party to any use or other agreement between Members. This is true even if the Site allows you to book a use or provides other ancillary products or services, as the Site may facilitate booking a use or other tools, services or products, but we are not a party to any use or other agreement between Members. As a result, any part of an actual or potential transaction between an Owner or Fleet Host, including the quality, condition, safety or legality of the vehicles listed, the truth or accuracy of the listings, the ability of Members to use a vehicle or the ability of Members to contract for vehicles are solely the responsibility of each Member. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before listing or using a vehicle and Payment Covered may place additional restrictions on your listing or related service.

 

Website Visitors agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.

Members further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their vehicle and their conduct, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, safety compliance and compliance with all anti-discrimination laws, as applicable. Please be aware that, even though we are not a party to any use transaction and assume no liability for legal or regulatory compliance pertaining to the listing or use of vehicles, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.

 

  1. Limited License to Use the Site.

 

Website Visitors are granted a limited, revocable non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of listing a vehicle, searching for a vehicle, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, or for any other purpose clearly stated on the Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.

 

  1. Unauthorized Uses of the Site.

You expressly agree that you will not use the Site to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Site.

 Specifically, you are prohibited from:

  •     Posting or transmitting content that:

o   Infringes upon the intellectual property rights of others;

o   Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;

o   Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;

o   Incites any illegal activity or unlawful sexual solicitation;

o   Relates to weaponry, controlled substances, gambling, or debt collection;

o   Raises support or defense of anyone alleged to be involved in criminal activity;

o   Impersonates another or is fraudulent, inaccurate, or misleading;

o   Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;

o   Intends to collect personal or personally identifiable information from others;

o   Violates any term or condition of this Agreement;

  •     Using a robot, spider, scraper, or other automated technology to access the Website;
  •     Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
  •     Attempting to gain access to the private data or personal information of a Website visitor, member, or third party;
  •     Circumventing our technological and physical security measures;
  •     Suggesting an affiliation with or endorsement by Payment Covered.

 

If you encounter content or witness behavior that you believe is inappropriate and violates the above restrictions or any other provision of these Terms, you may report it to us by sending an email to: support@paymentcovered.com. 

 

 

4. Proprietary Rights and Downloading of Information from the Site.


The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, under applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site other than for your personal, noncommercial use (other than in accordance with a valid listing) is expressly prohibited without prior written permission from us. As part of the use inquiry or reservation process, for your own personal, noncommercial use and not for further distribution, you may download, display and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.

 

5. Your E-mail Address and Data; Our Privacy Policy; Data Transmittal.


When you provide your e-mail address, name or other information to us in connection with your use or access to the Site, any service or tool provided on the Site or otherwise, you agree to allow the Site and its affiliated websites to add your e-mail address, name or other information provided to our database of members. You may receive one or more promotional e-mails from either the Site or a website of one of Payments Covered’s affiliates. You are welcome to opt not to receive such promotional e-mails from the Site or such affiliates’ websites at any time. Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of, and agreement with, our Privacy Policy. We adhere to strong principles of privacy. You agree that we may access and use your member-contributed content in accordance with these Terms or our Privacy Policy. and we agree that we will only disclose your member-contributed content in accordance with these Terms and our Privacy Policy.

 

  1. Identity Verification.

 

Member verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each Member's purported identity. 

 

You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.

 

We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.

 

EACH MEMBER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER PAYMENT COVERED NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY MEMBER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY MEMBER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH PAYMENT COVERED AND OTHER MEMBERS.

 

Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

 

7. Limitations on Communications and Use of Other Members’ Information; No Spam.


You agree that, with respect to other Members' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using services offered through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other Member related to the purpose of the Site (such as inquiring about or booking a vehicle or charging a personal credit card). Any other purpose will require express permission from the Member. You may not use any such information for any unlawful purpose or with any unlawful intent.

 

Under no circumstances, except as defined in this provision, may you disclose personal information about another Member to any third party without the consent of the other Member. You agree that other Members may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other Members’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss or unauthorized transfer of such information.

 

We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site Member, even a Member who has rrequested use of a vehicle from you or to you, to your mailing list (email or physical mail) without the Member's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.

 

8. Responsibility for Vehicle Listings, Reviews and Other Member-contributed content.


We have no duty to pre-screen content posted on the Site by members, website visitors or other users, whether directly contributed by the Member or contributed by us or a third party on behalf of the Member (including, without limitation, vehicle listings, reviews of a use vehicle or a Member, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a Member to the Site), (collectively, “Member-contributed content”). We are not responsible for Member-contributed content. “Member-contributed content” also includes information that a Member or any other person provided to a third party website or mobile application that is then provided to our Site by a tool we offer or any other exchange of Member-contributed content we have authorized.

 

We reserve the right to decline to permit the posting on the Site of or to remove from the Site any Member-contributed content that fails to meet our  standards and guidelines, which may be  implemented and changed at any time.  We may also remove Member-contributed content if it is brought to our attention, such as by notice given to us by a Member or any third party that any part of these Terms, or any other requirements governing the posting of such content, have been breached in respect of such content, as determined in our discretion. Finally, we reserve the right, but do not assume the obligation, to edit a member’s content or Member-contributed content in a non-substantive manner solely to cause the content to comply with our standards and guidelines or formatting requirements or to provide services to members to create or improve listings (such as translation services), in accordance with information we have about the vehicle listed. Members remain responsible for reviewing their Member-contributed content to ensure it is accurate and not misleading.

 

At a minimum, Member-contributed content must (as determined by us in our discretion):

  • not infringe anyone's rights, including but limited to copyright and rights of publicity and privacy, violate the law or otherwise be inappropriate;
  • not include personal information of another that can be used to identify or contact any person;
  • not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
  • be directly related to the Site, business service, product or forum where the content is submitted;
  • not be obscene, abusive, discriminatory or illegal; or
  • not be false or misleading.

All vehicle listings on the Site are the sole responsibility of the member (who may be the owner or duly authorized agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings or any alleged breaches of contract on a Member's part. Members are solely responsible for keeping their vehicle information up-to-date on the Site, including, but not limited to, any and all representations about any vehicle, its condition, price and its availability for certain uses. We do not represent or warrant that any of the copy, content, vehicle condition, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where members have searched for specific dates or types of vehicles.

 

We also may from time to time create new descriptions or otherwise change descriptions we use to identify vehicles in their listings and search results. Consequently, we may change the description associated with any vehicle listing at any time without notice. However, we assume no responsibility to verify vehicle listing content or the accuracy of the description. Members are solely responsible for ensuring the accuracy of the condition, description, and other content and descriptions and agree to promptly correct (or contact us to correct) any inaccuracy and members are solely responsible for verifying the accuracy of such content and descriptions.

 

All other Member-contributed content is the sole responsibility of the Member who contributed such content, whether such Member contributed the content directly or through a third-party website. Members are solely responsible for their Member-contributed content and we specifically disclaim all liability for Member-contributed content. The Member represents and warrants that the Member owns or otherwise controls and has all necessary legal rights to the Member’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the Member-contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post Member generated content without such proof or if such proof is, in our sole discretion, insufficient.

By submitting or authorizing Member-contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your Member-contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a vehicle listing, we will not continue to display the Member-contributed content that was displayed in such listing.

 

You further grant us and our affiliates the ability to register copyright in and protect the Member-contributed content, including the images, copy, and content available via any member’s listing, from the unauthorized use of the Member-contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name. You further agree to appear and assist us—at our expense and control—with protecting such copyrighted material from unauthorized redistribution.

 

You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the member’s vehicle listing or otherwise provide promotional or other services related to our business. In the event that you retain any rights of attribution, integrity or any other moral rights in any Member-contributed content, you hereby waive your right to assert these or to require that any personally identifying information be used in connection with the Member-contributed content or any derivative works thereof and affirm that you have no objection to the publication, use, modification, deletion or exploitation of the Member-contributed content by us or our affiliates.

 

9. Pricing; Payment of Fees.

 

For detailed information about our various packages and pricing options, including features, fees, and the duration of service, we encourage you to visit the 'Packages and Pricing' section of our Site. This section provides comprehensive details on each package we offer, helping you make an informed decision that best suits your needs. Please note these Terms apply, as well as additional terms and conditions for each package. 

 

We charge a monthly subscription fee and a one-time enlistment fee to owners who list their vehicle on the Site via the Site application process. The subscription fee covers the use of the Site and a maximum number of car payments depending on the tier and length of the subscription term. Members agree that they will be automatically billed monthly for their subscription. When purchasing a subscription for access and use of the Site, payments are processed through a third-party payment processor, and any associated integrations. By utilizing the third-party Payment Processor you are agreeing to their separate Terms of Service. 

 

Payment Covered reserves the right to charge and/or change the subscription fee and enlistment fee at any time. You also acknowledge and agree that Payment Covered reserves to charge your payment method without further notice for any outstanding fees or charges. Depending on the laws of the jurisdiction of the website visitor and/or Member, VAT may be charged on top of the subscription fee. The exact subscription fee (and any VAT, if applicable) charged will be displayed to members at the time of signing up. Members agree not to encourage or advise a Member to avoid or circumvent the subscription fee charged by Payments Covered. You understand and agree that Payment Covered will not be held liable for any Member’s failure to complete a transaction entered into through the Site. 

 

10. Notification of Infringement; DMCA Policy.

Payment Covered respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Site and all content within this site are the property of Payment Covered and are protected by copyright and other intellectual property laws.

By using this Site, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.

If you believe that a user of Payment Covered has infringed upon your copyright rights, please provide Payment Covered with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Payment Covered receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Payment Covered will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Payment Covered with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.

The notice of copyright infringement must be compliant with §512 of the Digital Millennium Copyright Act and must also contain the following:

 1)     The physical or electronic signature of a person authorized to act on behalf of the copyright owner;

2)     Identification of the copyrighted work(s) alleged to have been infringed;

3)     The location of the copyrighted work(s) on the Site;

4)     Your contact information, such as an address, telephone, fax number, or email address;

5)     A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and

6)     A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Conversely, if you are a Site user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:

1)     Identification of the specific materials that have been removed from the Website;

2)     Your contact information, such as an address, telephone, fax number, or email address;

3)     A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;

4)     A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Delaware;

5)     A statement that you will accept service of process from the notifying party; and

6)     Your physical or electronic signature.

Notifications of copyright infringement and counter-notifications may be submitted to:

 Traverse Legal, PLC

810 Cottageview Drive, Unit G-20
Traverse City, MI 49684

With a copy emailed to dmcaagent@traverselegal.com

 

11. Unsolicited Ideas and Feedback.


From time to time, website visitors and Members submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seems similar to any of your submissions. If you provide any submissions to us, you agree that: (i) your submission and its contents will automatically become the property of Payments Covered, without any compensation to you; (ii) Payment Covered may use or redistribute any such submission and its contents for any purpose and in any way; (iii) there is no obligation for Payment Covered to review any submission; and (iv) there is no obligation to keep any submission confidential. We welcome your feedback regarding many areas of our business. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner.

 

12. Software Available on the Site.


The Site is controlled and operated by Payment Covered. Software available on the Site (the “Software”) is subject to United States export controls. No Software available on the Site or software available on any other site operated by Payment Covered or an affiliate of Payment Covered in the United States may be downloaded or otherwise exported or re-exported (i) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

All Software is the copyrighted work of Payments Covered, an affiliate of Payment Covered or an identified third party. Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal and nontransferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose.

 

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

 

13. Links to Third-Party Sites.


This Site may contain links and pointers to other Internet sites, resources and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third-party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.

 

14. Limitation of Liability.


IN NO EVENT WILL PAYMENT COVERED, OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES , OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A MEMBER OF THE   PAYMENT COVERED (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY (E) ANY MEMBER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN MEMBERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

 

IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE PAYMENT COVERED, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE TOTAL AMOUNT OF FEES YOU PAY TO US IN CONNECTION WITH ANY TRANSACTION FROM WHICH A DISPUTE ARISES.

 

15. Disclaimers.

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.“ TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR MEMBER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR MEMBER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING VEHICLE LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY MEMBER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY PERSONAL TRANSACTION OR OTHER TRANSACTION BETWEEN MEMBERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, VEHICLE OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.

 

YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR VEHICLE LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.

 

16. Release; Indemnification.


IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER MEMBERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN MEMBERS REGARDING ANY TRANSACTION OR MEMBER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH MEMBER OF THE PAYMENT COVERED, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE PAYMENT COVERED (COLLECTIVELY, THE “INDEMNIFIED PARTIES“) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER MEMBER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER MEMBERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.

WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

 

17. Disputes; Arbitration.


Please read this Section carefully. It requires that any and all claims be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum. Arbitration is required if your country of residence enforces arbitration agreements, including without limitation, the United States. If you are outside the United States but attempt to bring a claim in the United States, arbitration is required for determination of the threshold issue of whether this dispute resolution section applies to you, as well as all other threshold determinations, including residency, arbitrability, venue, and applicable law. If your country of residence does not enforce arbitration agreements, the mandatory pre-arbitration dispute resolution and notification and prohibition on class actions or representative proceedings provided below still apply to the extent enforceable by law.

 

We are committed to Member satisfaction and to resolving consumer disputes in a timely and efficient manner. We have a two-step dispute resolution process that includes: (1) investigation and negotiation of your claim with our Member Support team; and, if necessary, (2) binding arbitration administered by the American Arbitration Association (“AAA”) or, for arbitrations outside of the United States, an agreed upon arbitral tribunal. You and us each retain the right to seek relief in small claims court as an alternative to arbitration.

Agreement to arbitrate (“Arbitration Agreement”)

 

You and we mutually agree that any disputes between us arising out of or relating in any way to our Service, these Terms, our Privacy Policy, any services or products provided by us or any of our subsidiaries or companies offering products or services through us, any dealings with our Member Support agents, or any representations made by us (“Claims”), will be resolved by binding arbitration, rather than in court except those resolved in small claims court. This includes any Claims you assert against us, our subsidiaries or any companies offering products or services through us (which are beneficiaries of this Arbitration Agreement). This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against, any third parties, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims are in relation to your use of the Services. To the extent that any third-party beneficiary to these Terms brings claims against the entities covered by these Terms; those claims shall also be subject to this Arbitration Agreement. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including without limitation the existence, scope, or validity of the Arbitration Agreement, any defense to arbitration such as issues relating to whether this Arbitration Agreement can be enforced, is unconscionable or illusory, and any defenses to arbitration, including without limitation jurisdiction, waiver, delay, laches, or estoppel.

 

Small claims court matters

 

Notwithstanding the foregoing arbitration provisions, either you or we may bring, or remove, any claim in small claims court if the claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding. Further, if the claims asserted in any demand for arbitration is within the small claims court’s jurisdictional limit, then either you or us may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, or in accord with the AAA rules, by notifying the other party of that election in writing.

No class actions or representative proceedings

 

You and we agree that any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action, including without limitation as a private attorney general. The arbitrator may not consolidate more than one party’s Claims and may not otherwise preside over any form of any class or representative proceeding. You and we further acknowledge that you are each waiving your right to a jury trial.

Arbitration rules and governing law

 

This Arbitration Agreement is a “written agreement to arbitrate” evidencing a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the AAA’s Consumer Arbitration Rules or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. The arbitrator shall apply the law of the state of Washington, regardless of conflict of laws principles, except that the FAA governs all provisions relating to arbitration. Foreign laws do not apply. This Arbitration Agreement can only be amended by mutual agreement in writing.

 

Mandatory pre-arbitration dispute resolution and notification

 

Prior to initiating arbitration, you agree to give us the opportunity to resolve any Claims by notifying us of the Claim in writing and attempting in good faith to negotiate an informal resolution.

 

You must send, by certified mail, a written and signed Notice of Dispute (“Notice”) addressed to: Legal Department____________________________________

.

The Notice must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your reservation, (4) a brief description of the nature of your complaint, (5) the resolution that you are seeking, and (6) your signature.

 

If we are not able to resolve your complaint within 60 days of you providing Notice, you may commence an arbitration proceeding. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. AAA does not have authority to administer or adjudicate the Claim unless and until all Pre-Arbitration Dispute Resolution and Notification requirements have been met. The statute of limitations shall be tolled while the parties engage in the dispute resolution process required by this Section.

Commencing arbitration

 

To initiate arbitration, you must file the Demand with the AAA as specified in the AAA Rules. The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879.

 

A party initiating an arbitration against us must send the written Demand for Arbitration to Legal Department/Dispute Resolution Provision, _________________________________ concurrent with filing the Demand with AAA.

 

Arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules or by mutual agreement between you and us. The Arbitration shall be held either: (i) at a location determined by AAA pursuant to the AAA Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) via videoconference; or (iv) at your election, if the only claims in the arbitration are asserted by you and are for less than $40,000 in aggregate, by telephone or by written submission.

 

Attorneys’ fees and costs

 

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules, and where appropriate, limited by the AAA Consumer Rules. In order to initiate arbitration, each party will be responsible for paying the filing fees required by the AAA, which are approximately equivalent to current court filing fees. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, or you would otherwise be eligible for a fee waiver in court, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

 

Arbitrator’s decision

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited under the FAA. The arbitrator’s decision will include the essential findings and conclusions on which the arbitrator bases the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

 

Severability and survival

 

If any portion of this Disputes and Arbitration Provision is found to be unenforceable or unlawful for any reason, (1) such portion will be severed and the remainder of the Provision will be given full force and effect; and (2) to the extent that any Claims must therefore proceed on a class, collective, consolidated, or representative basis, such Claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual Claims in arbitration.

 

For answers to your questions or ways to contact us, please email us at support@paymentcovered.com

 

 

18. Responsibility for Vehicle and Fleet Host Liability


Fleet Hosts are solely responsible for obtaining insurance coverage sufficient to protect their vehicles and guests or their trip, as applicable. Members agree that they have or will obtain the appropriate insurance coverage sufficient to cover the use of the vehicles they list on the Site before the acquisition of their vehicle and will maintain adequate insurance coverage through the return of their vehicle. Further, Members agree to provide us with copies of relevant proof of coverage upon request.

 

19. GENERAL

 

Our relationship is that of i software provider as a service, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site. 

 

When we need to send you notice, it will be sent to the email address you provide to the Site during the registration or booking or inquiry process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical address provided to us during the registration process or as later updated in your account (if applicable). Notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.

 

We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability. This version of the Terms became effective on the date set forth above and this version amends the version effective before such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. When members renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above.

 

We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special programs is governed by these Terms and the terms and conditions of such program, product, or service. We reserve the right but assume no obligation, to agree to different or conflicting terms and conditions with respect to any Website Visitor or Member. Any such terms and conditions will not be enforceable unless specifically agreed to by us.

 

These Terms constitute the entire agreement between us and you with respect to the matters set forth herein and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool, or service offered on our Site, the Terms herein shall prevail. If any portion of these Terms is found invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

 

We may assign these Terms at our sole discretion. Fleet Hosts must obtain our prior written consent to assign these Terms, which we may grant or withhold at our sole discretion.

Payment Covered is committed to an inclusive marketplace built on a foundation of trust and respect. Our global platform is open to members, owners, and vehicle managers of every race, color, religion, national origin, ancestry, sex, gender identity, sexual orientation, and marital status. We expect all Members to demonstrate respect and tolerance in all interactions with other Members—both online and offline—and we reserve the right to remove anyone from our marketplace who fails to abide by these principles.

 

20. Member Eligibility: Accuracy of Information.


Our services may only be used by members who can form legally binding contracts under applicable law. Each member represents and covenants that all information submitted to us and the Site during such member’s registration with the Site shall be true and correct. Each member further agrees to promptly provide notice to the Site by contacting us as provided above under “Contact Us” regarding any updates to any such contact information previously submitted by such member.


21. Additional Member Representations.


Each member represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for use and to use the vehicle listed by such member; (ii) it will accurately describe the vehicle, will not fail to disclose a material defect in, or material information about, a vehicle and will upon request, or otherwise from time to time, review the vehicle listing content and description to ensure it is accurate and not misleading; and (iII) it will not wrongfully deny access to the listed vehicle. In addition, if Payments Covered, through one of its guarantee or warranty programs and in its sole discretion, compensates a Member for a loss caused by acts or omissions attributable to a member, Payment Covered reserves the right to pursue the member for the amount paid or contributed towards the loss.

 

Upon our request, each member agrees to promptly provide to us with such proof of personal identification, proof that the condition and description associated with the vehicle are accurately described in the listing, proof of ownership of the vehicle listed on the Site, and/or proof of authority to list the vehicle. If you are listing a leased vehicle, please refer to your use contract or lease prior to listing the vehicle to determine whether your lease or contract contains restrictions that would limit your ability to list your vehicle. Listing your vehicle may be a violation of your lease or contract and could result in legal action against you by your lender.

 

21. Content, Layout and Copy.

All content and copy edits submitted by members are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine in our sole discretion does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, vehicles, content and/or photographs or any change made to any content, photograph or copy submitted by any member. All content must meet these Terms and our Content Guidelines. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to ensure that the content complies with our Content Guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any content displayed on the Site appears as the member intended.

 

22. Uses of Our Trademarks or Logos.

There are limited ways in which a member may use our trademarks or logos in connection with a listing without specific prior written authorization. The Payment Covered name and logo are trademarks or registered trademarks in the United States and other jurisdictions worldwide. We generally do not permit using our names and logos other than as described above or with our prior written authorization.

 

23. Termination of Listings; Other Remedies.

If, in our sole discretion, any member submits unsuitable material to our Site or into our database, is not abiding by vehicle regulations and is creating a nuisance in its community, misuses the Site or our online system, or is in material breach of these Terms, we reserve the right to limit the member’s use of the Site, impact the member’s listing(s) search position, and/or terminate such member’s listing immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any Member or other third party regarding a member’s listing or vehicle practices that, in our sole discretion, warrants the immediate removal of such member’s listing from the Site (for example, and without limitation, if a member engages in any practice that, in our sole discretion, would be considered deceptive, unfair or improper within the vehicle industry or in an online marketplace for vehicles, if we determine or suspect that the member’s payment-related practices or procedures are not secure, legal or otherwise proper, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such member’s listing(s) or subscription(s) without notice to the member and without refund. We assume no duty to investigate complaints. Finally, if any member is abusive or offensive to any employee or representative of the Payment CoveredGroup, we reserve the right to terminate such member’s listing(s) or subscription(s) immediately without refund.

 

In addition to reserving the right to terminate any listing, Payment Covered reserves all rights to respond to any violation of the Terms or misuse of the Site by, including, but not limited to, hiding a listing from the search results and removing or changing information that may be false or misleading.

 

Additionally, you agree to defend and indemnify Payments Covered, its affiliated companies, and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • your breach of these Terms or the documents referenced herein;
  • your violation of any law or the rights of a third party; or
  • your use of this Site.