Terms of Service

Last revised: January 13, 2025

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. Introduction

Ez-Carent, Inc. (“Ez-Carent,” “we,” or “us”), provides an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. Ez-Carent is accessible online including at ez-carent.com and as an application for mobile devices. The Ez-Carent websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Ez-Carent users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Ez-Carent.

These Terms, together with the cancellation policy, nondiscrimination policy, applicable insurance terms and certificates, roadside assistance terms, and the additional policies (together, the “Policies”) constitute the “Agreement” between you and Ez-Carent (each a “Party” and together, “the Parties”). In addition, Ez-Carent provides a Car Sharing Agreement that summarizes the terms of each reservation, accessible in the Services for any booked or previous trips and you may use it as proof of a reservation. Eligibility, registration, verification

Eligibility

The Services are intended solely for guests who meet our eligibility requirements in the location where the vehicle is booked and hosts who are 21 or older, except in the United Kingdom and France where we permit hosts age 18 to list eligible vehicles. Any use of the Services by anyone that does not meet these eligibility requirements is expressly prohibited.

Registration

To access certain features of the Services, you must sign up for an account with us (an “Ez-Carent Account”). You can create an Ez-Carent Account by providing us your first and last name, email address, mobile phone number, and creating a password or connecting through an account with a third-party site or service (including Apple and Google). When you book a vehicle as a traveler or guest (“guest”), you provide us with certain additional information about yourself. Similarly, when you list a vehicle as a vehicle owner or host (“host”), 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 Ez-Carent Account up to date at all times. Based on information you provide, Ez-Carent 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).

Verification

Where permitted, Ez-Carent has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. Ez-Carent does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. Ez-Carent 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 Ez-Carent to request, receive, use, and store such information.

Fees

The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. Hosts can view earnings on the Host Hub and learn more about earnings breakdown. When you provide Ez-Carent a payment method, you authorize Ez-Carent, or third-party service providers acting on behalf of Ez-Carent, to store your payment credential for future use in the event you owe Ez-Carent any money. You authorize Ez-Carent to use stored payment credentials for balances, including for Trip costs, host fees, and guest fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees).

Your Commitments

By using the Services, you agree to comply with all applicable laws and regulations. You are responsible for your actions, including actions that occur as a result of your use of the Services, whether or not you comply with these Terms.

Content

The content provided in the Services, including images, descriptions, and any other materials, is the property of Ez-Carent or its licensors and is protected by copyright and intellectual property laws. You agree not to use or reproduce any content from the Services without prior permission.

Prohibited Activities

You agree not to engage in any activities that may harm the operation, security, or integrity of the Services. This includes, but is not limited to, engaging in fraudulent behavior, posting illegal content, and attempting to gain unauthorized access to any accounts or systems.

Other Legal Matters

This section includes various clauses addressing specific legal concerns, including dispute resolution, jurisdiction, and how disputes between parties will be handled.

Dispute Resolution

All disputes arising out of or relating to these Terms shall be resolved via arbitration, unless you opt out. The terms of arbitration, including the rules and procedures, are detailed here.

The following sections apply if you book a vehicle using the Services:

Guest Commitments

As a guest, you commit that you will be a legally licensed driver and provide proof to the host or via the Services of a current, valid driver’s license. You will treat the vehicle and any applicable Extras with care and take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.

No Right of Withdrawal

For guests in the US, there is no right of withdrawal in relation to a transaction made on the Services as this right does not apply to the booking of transportation or other services provided for at a specific date. Your only rights are described in the cancellation policy. However, guests have the right to modify any protection plan selected for a trip prior to the start of the reservation.

Guest Financial Responsibility for Physical Damage to the Vehicle

The guest who booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of the booked vehicle that occurs during the trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not.

Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on Ez-Carent, you agree that if any damage occurs to the booked vehicle during the trip, you will work with Ez-Carent to make a claim for coverage under any policy of insurance that applies to the loss.

The primary guest can limit the amount they are obligated to pay out of their own pocket in the event of damage to the booked vehicle during the trip by selecting a protection plan via the Services. The limitation on the amount the primary guest may have to pay out of pocket included in any protection plan only applies (1) if the primary guest and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage. The primary guest may change the protection plan selected by navigating to 'modify trip' in any reservation that has not started.

Auto Liability Insurance and Legal Liability Protection

Hosts offering a vehicle for sharing on the Services cannot offer liability insurance. Trips originating in the US include coverage under an automobile liability insurance policy. In the US, the policy is issued to Ez-Carent by Travelers Excess and Surplus Lines Company and does not provide a defense or indemnification for any claim asserted by Ez-Carent.

If the guest has their own personal auto policy, it will be primary over the auto liability insurance or protection provided with each trip, depending on various factors such as applicable laws, where the guest books the vehicle, and/or where the accident or damages occur. If the guest is using the vehicle for professional use, the auto liability insurance or protection provided with each trip will be excess to any other personal or commercial policy.

Use of the Vehicle

When you book a vehicle on the Services, you must use the vehicle only for your personal or professional use and not for any commercial purposes (e.g., those that require a commercial driver's license) unless you have express written permission from the Ez-Carent Legal Department in advance or as otherwise described here. You may not access a vehicle until the trip start time, and you must return the vehicle on time and to the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are always required to operate the vehicle safely and in compliance with all applicable laws, including, without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Ez-Carent has any concern about your use of a vehicle, Ez-Carent may terminate your trip at its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecured (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact help.ez-carent.com. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits or nullify coverage and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.

Telematics Notice and Release

Vehicles booked on Ez-Carent may have features or an on-board device that monitors the state of the vehicle during a trip. The non-personal information collected by the features or on-board device may include, for example, a vehicle’s condition; damage and accident records; performance, operation, and diagnostic data; and information on mileage, acceleration, velocity, fuel consumption, fuel level, tire pressure, odometer, location and direction, and other vehicle information (“Vehicle Data”). Use of the features or on-board device is subject to the terms and conditions posted by the vehicle manufacturer or technology provider, which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, and user responsibilities. Unless prohibited by law, you authorize the use or disclosure of or access to the Vehicle Data and you shall inform any Approved Driver and passengers of the terms of this section. You release the host and agree to indemnify, defend, and hold harmless the host, operator of the features or on-board devices, wireless carrier(s), and other suppliers of components or services and their respective employees, officers, directors, and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation you, an Approved Driver, and passengers) or property caused by failure of the features or on-board device to operate properly or otherwise arising from the use of the feature or on-board device by you, an Approved Driver, or passengers.

Condition of the Vehicle and Optional Extras

You understand that third parties own the vehicles and Extras offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage during your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation as described here to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Ez-Carent, third-party administrators, or insurance partners may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact Ez-Carent immediately.

No Responsibility for Shared Vehicles or Personal Belongings

You acknowledge that Ez-Carent is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services. Rather, hosts have sole responsibility to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our vehicle eligibility requirements. You also acknowledge and agree that neither Ez-Carent nor hosts are responsible for lost or stolen property left in any vehicle or taken or damaged during a trip.

Incident Reporting

If you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to Ez-Carent. In the US, if there has been a collision, you must also report to the police. You are required to cooperate in the investigation of any loss or accident. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.

Vehicle Theft

Failure to return the vehicle on time, leaving it unlocked, or misrepresenting facts related to the booking may lead to the vehicle being reported as stolen. The primary guest will be responsible for the cost of vehicle recovery, and a case administration fee may apply if the vehicle is not returned.

The following sections also apply if you share your vehicle through Ez-Carent:

Host Commitments

As a host, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates, with a clean (non-salvage/branded/written off) title, and in good mechanical condition. You will provide such vehicle on time but only to a guest who is listed on the Services as an Approved Driver for the trip. Other than what is required for you to verify a guest’s driver’s license, you will not collect any information or documentation from your guest at check-in, including guest personal auto insurance. You agree not to use any guest information made available to you by using the Services to collect additional personal data about guest(s), including but not limited to conducting background checks. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a guest. In the event of a vehicle swap, you will not require a guest to accept a higher-priced vehicle or force an unwanted vehicle upgrade. You will not cancel a booking for the purpose of seeking a higher price from a guest. You will not offer any vehicle or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. If your vehicle is subject to a lease, loan, or other financing agreement, you must confirm sharing your vehicle on Ez-Carent does not violate the terms of the contract with the lienholder. You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any vehicle that is the subject of a missing or stolen vehicle report. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a vehicle that is not roadworthy (i.e., not “street legal”) in the location where it is shared, and it will not have any illegal modifications to any part of the vehicle. You will remove any firearms or other weapons from your vehicle prior to providing it to a guest. You will repay loans related to your Ez-Carent business on time and in full. When you direct Ez-Carent to retrieve your account information from third parties, including but not limited to toll agencies, you grant Ez-Carent a limited power of attorney to access the third-party services to retrieve such account information; Ez-Carent will be acting as your agent and will not be acting on behalf of the third party.

Vehicle Information Given at Listing; Listing Conditions

When you sign up for Ez-Carent, you will identify passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet the requirements found here. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation. If the vehicle you list on the Services is enabled with a device or OEM technology capable of determining the location of the vehicle, collecting telematics data, disabling technology, or image capturing, you agree to comply with the requirements for tracking and technology devices and applicable law.

The following criteria are used for ‘relevance’ ranking of search results: a guest’s search parameters; vehicle location, details, price, delivery conditions, and relevance to a guest’s search; your ratings and commitment rate; All-Star Host status; and the number of listings that meet the parameters of a guest’s search. You cannot pay to have your listing rank higher and we do not offer sponsored listings.

Listing Only on the Services

In the United States, any vehicle you list on the Services must be exclusively listed on the Services. You cannot list any vehicles you intend to share on the Services on any other car sharing marketplace. Failure to abide by this condition may result in fines, penalties, denial of physical damage claims, removal of the vehicle from the Services, account closure, or other action, in Ez-Carent’s sole discretion.

Ez-Carent Photography

Ez-Carent may offer hosts the option of having photographers take photographs of their vehicles and/or hosts with their vehicles (“Images”). You alone are responsible for using the Images in connection with your Ez-Carent listing and you agree that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Ez-Carent is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or Ez-Carent’s ownership or registration thereof. You acknowledge that Ez-Carent 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 Ez-Carent 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 Ez-Carent. At Ez-Carent’s request, you will execute documents and take such further acts as Ez-Carent may reasonably request to assist Ez-Carent to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.

Vehicle Availability

Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the guest. If you offer the guest the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to Ez-Carent and ensure that the vehicle is available at that location at the beginning of the reservation period. In order to qualify for available protection plans, you must verify that a prospective guest has a current, valid driver’s license before you provide the guest your vehicle, and ensure the driver’s license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver’s license.

Pricing, Earnings, and Payments

You will have the ability to set and revise the vehicle’s pricing as you choose. Ez-Carent will pay you the amount collected from guests that book your vehicle, less the applicable fees payable to Ez-Carent. A description of fees can be found here. To the extent you owe Ez-Carent or any third party lender (including via Kiva Microfunds or LoanGlide) money for any reason, Ez-Carent also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.

Payment Processing. In some countries, payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Terms"). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. You also agree that Ez-Carent is not liable in cases where Stripe processes a payment late or makes a mistake relating to a payment or a payment hold. As a condition of Ez-Carent enabling payment processing services through Stripe, you authorize Ez-Carent to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your vehicle. You further agree to provide accurate, complete, and updated information about you to Ez-Carent and Stripe. You acknowledge that Ez-Carent and Stripe are unrelated entities. You are responsible for separately updating Ez-Carent and Stripe when there are material changes to the information you have previously provided (e.g., business name, tax information, contact information). You authorize Ez-Carent to share such information and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. Ez-Carent reserves the right to switch payment processing vendors at its discretion.

Airport Delivery; Personal Vehicle Sharing Regulations

Some airports where you offer delivery may take the position that you must have a permit to use airport premises and remit fees. While Ez-Carent does not believe that rental car permits should apply to peer-to-peer car sharing, not all airport authorities agree with this position.

There is personal vehicle sharing legislation that may apply to you. More information is available here.

Maintenance

You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements, including any required safety inspections. You will only list vehicles with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. In addition, if Ez-Carent believes that your vehicle does not conform to reasonable standards, Ez-Carent may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. Ez-Carent may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services.

Co-Hosting Tools and Hosting Teams

Co-hosting tools are a set of tools available through the Services that allow hosts to organize their Co-hosts into teams and enable Co-hosts to perform tasks for one or more vehicles. “Co-host” is anyone a host works with to manage their vehicles, including friends, family members, employees, or other Ez-Carent hosts.

Hosting Teams Permissions. By adding a Co-host to a hosting team, you represent and warrant that each such Co-host is authorized by you to act on your behalf and bind you, consistent with the level of permission granted in the co-hosting tools. You are responsible for the permissions you set for each Co-host and the authority you grant them in using the co-hosting tools for a vehicle listing.

Obligations of Hosts and Co-hosts. You are responsible for your own acts or failures to act. To the maximum extent possible under applicable law, you are responsible for the acts and failures to act of your Co-hosts when acting as service providers to you. You are responsible for complying with laws, rules, and regulations that apply to the Co-hosting services. These may require you to obtain a permit or license before providing services or may classify a Co-host as an employee of a host. In no cases, are hosts or Co-hosts employees of Ez-Carent.

Reporting Vehicle Damage

If you did not decline a protection plan made available via the Services, and you believe that a guest has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the trip) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage.

Dispute Resolution for Hosts and Guests Residing in the United States

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND EZ-CARENT HAVE AGAINST EACH OTHER ARE RESOLVED.

Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Dispute Resolution for Hosts and Guests Residing in the United States section.

Pre-arbitration Dispute Resolution

Should a dispute or claim arise between us, you and Ez-Carent agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact us by email at noticeofdispute@ez-carent.com. Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from Ez-Carent. 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. 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 Ez-Carent shall not be disclosed to the arbitrator.

Applicable Law

The below Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable procedural rules of FairClaims or AAA, as applicable (see "Arbitration procedures" below). To the extent state law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law of the state of Arizona will apply, without regard to its conflict of law provisions.

Agreement to Arbitrate

The Parties agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and Ez-Carent (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) and/or any other Ez-Carent user will be resolved by binding arbitration according to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes," "claims,” and "controversies" shall have the broadest possible meaning that will be enforced and includes, any and all disputes and/or claims that arise out of or in any way relate to your relationship with Ez-Carent, including but not limited to: (1) your use of the Services, (2) the Agreement, these Terms and/or this Agreement to Arbitrate, including the interpretation, validity, enforceability, or scope of this Agreement to Arbitrate, or (3) your use of, or access to the Services, and anything sold, offered, or purchased through the Services (such as booking, listing, or sharing a vehicle). Through this Agreement to Arbitrate, and subject to the below exceptions, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court.

Exceptions to Agreement to Arbitrate

The only exceptions to this Agreement to Arbitrate are as follows:

• Disputes or claims that can be brought in small claims court
• Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues.
• Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
• In the event California law is found to apply to this Agreement to Arbitrate, any remedy of public injunctive relief (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of arbitrable claims, causes of action, or issues.

Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitration will be conducted by FairClaims in accordance with its Arbitration Rules and Procedures effective at the time a claim is made. Where the relief sought is $25,000 or less (not including attorneys' fees and expenses), those Arbitration Rules and Procedures may limit the proceeding to a written submission and, if requested or at the arbitrator’s discretion, there may be a live hearing by teleconference or videoconference. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), those Arbitration Rules and Procedures may provide for limited discovery and streamlined proceedings. In the event FairClaims declines to or is unable to adjudicate the claim, the arbitration will be conducted by the AAA under its Commercial Arbitration Rules, as modified by this Agreement to Arbitrate.

In all cases in which a live hearing is requested or required, you and/or Ez-Carent may attend by video or phone. To the extent a location must be established for the arbitration, it shall be held in the county in which you reside or at another mutually agreed location.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Ez-Carent user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this Agreement to Arbitrate.

Costs of Arbitration

If you initiate arbitration proceedings, you will be responsible for certain costs. Where the relief sought is $25,000 or less (not including attorneys’ fees and expenses), you will be responsible for the initial filing fee, capped at $375, and Ez-Carent will cover any additional fees or costs. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), you and Ez-Carent will each pay your own arbitration fees consistent with the rules set by FairClaims (or AAA, as applicable) at the time the claim was made, unless otherwise stated in these Terms.

Severability

With the exception of the provisions in the below section “Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of class and representative actions and non-individualized relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply.

Right to Opt-out of Arbitration; Procedure

IF YOU ARE A NEW EZ-CARENT USER, YOU CAN CHOOSE TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@EZ-CARENT.COM ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR BEFORE THE COMMENCEMENT OF YOUR FIRST TRIP ON EZ-CARENT AS A GUEST OR HOST, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your full name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your Ez-Carent Account to arbitrationoptout@ez-carent.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other provisions of the Agreement will continue to apply to you, including the below forum selection clause specifying Phoenix, Arizona.

Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in these Terms to the contrary, the Parties agree that if Ez-Carent makes any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that you filed against Ez-Carent prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to the amended terms, you may close your account within 30 days of our posting or notification and you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Ez-Carent, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as valid for future versions of these Terms.

Judicial Forum for Legal Disputes Not Subject to Arbitration

Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, whether (1) as a result of your decision to