TERMS OF SERVICE

Last Updated: [September, 2018]

This “Agreement” is comprised of these Terms of Service (“Terms”) as well as the then-current Owner Terms, Renter Terms, [Fee Schedule] and any other Lula policies. This Agreement legally binds you, as listed in your registration form (“you”) and Lula Technologies, Inc. (“Lula,” “we,” or “us”).  If you do not agree to any of these terms or any future provisions of this Agreement, then you may not use or access the Lula mobile, tablet and other smart device applications, websites, content, products, and services (collectively, the “Services”). By accessing or using the Services, you agree to comply with, and be legally bound by, these Terms, whether or not you become a registered user of the Services.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

  1. Scope of Services.
    1. The Services collectively comprise a peer-to-peer marketplace that connects vehicle owners (“Owners”) with drivers seeking to rent such vehicles (“Renters” and, together with Owners, “Members”). The Services enable Owners to publish their vehicles as available to rent (each, a “Listing”), and to communicate and transact directly with Renters seeking to rent such vehicles. As the provider of the Services, Lula does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings. Owners alone, and not Lula, are responsible for their Listings. When Owners and Renters enter into an agreement to rent a vehicle, they are entering into a contract directly with each other. Lula is not and does not become a party to or other participant in any contractual relationship between Owners and Renters. Lula is not acting as an agent in any capacity for any Owner or Renter.
    2. Lula has no control over and does not guarantee (i) the performance or conduct of any Owner, Renter or third party; (ii) the existence, quality, safety, suitability or legality of any Listings; or (iii) the truth or accuracy of any Listing descriptions, ratings, reviews or other Member-created content. Lula does not endorse any Owner, Renter or Listing. You should always exercise due diligence and care when deciding whether to rent or offer for rent a vehicle, or communicate and interact with other Owners and Renters, whether online or in person.
    3. The Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH LULA AS A PROVIDER OF TRANSPORTATION SERVICES OR AS A TRANSPORTATION CARRIER.
  2. Modification. Lula reserves the right to modify these Terms from time to time in our sole discretion. If we make changes to these Terms, we will post the revised Terms at this location and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email before the date they become effective. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services.
  3. Eligibility and Verification.
    1. The Services are intended solely for legally licensed drivers [nineteen (19)] years of age or older, and any use of the Services by anyone under [19] is strictly prohibited and in violation of this Agreement. The Services are not available to any terminated or disqualified user that has been previously prohibited from using them. By becoming a Member, you represent and warrant to Lula that (i) you have the legal right to enter into this Agreement and to use the Services; (ii) your activities with Lula will not violate anyone else’s rights; and (iii) you will comply with all applicable laws and regulations.
    2. Lula may make the access to and use of the Services, or certain areas or features of the Services, subject to certain conditions or requirements to be determined in Lula’s sole discretion, including completing a verification process and/or background check, meeting specific quality or eligibility criteria, meeting ratings or reviews thresholds, or rental and cancellation history. We may, but have no obligation to, (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Owners and Renters against third party databases or other sources and request reports from service providers, and (iii) obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
  4. License and Ownership.
    1. Subject to your compliance with these Terms, Lula grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Lula.
    2. The Services and all rights therein are and shall remain Lula’s property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Lula’s company names, logos, product and service names, trademarks or services marks. For the avoidance of doubt, except as part of the intended use of the Services, you must not copy, distribute, make available, publicly perform, display or create any work based on the content available on or through the Services, or exploit such content in any way, in whole or in part.
  5. Registration.
    1. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Account registration may require you to submit to Lula certain personal information, including your name, address, mobile phone number, age, driver’s license number, social security number and such other information as Lula may request in its sole discretion, as well as at least one valid payment method supported by Lula. Lula may 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 Lula to request, receive, use and store such information. You agree to provide accurate, current and complete information during the registration process and to keep your Account up-to-date at all times. Lula has the right to approve or reject any proposed account in its sole discretion.
    2. You may not assign or otherwise transfer your Account to another party. Unless otherwise permitted by Lula in writing, you may only register and possess one Account.
    3. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You must immediately notify Lula if you know or have any reason to suspect that your Account username and password have been lost, stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Account. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
  6. Member Content.
    1. Lula may allow Members to create, post, send, receive and store content, feedback, reviews, comments, questions, pictures, videos, audio and other content or information (any such materials a Member submits, posts, displays, or otherwise makes available on the Services is referred to as “Member Content”). We will not have any obligation to hold in confidence any Member Content that you submit or post to the Services or otherwise provide to us. By sharing, submitting and uploading any Member Content, you grant Lula a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from, your Member Content in any legal manner for the benefit of Lula. You irrevocably waive and agree not to assert any rights that you have to prevent us from exploiting the rights granted in this Section. You also grant us the right to use and display the name that you submit with any Member Content in connection with such Member Content. You acknowledge and agree that you are solely responsible for all the Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you have all rights, licenses, consents and releases necessary to grant Lula the required rights to disseminate any Member Content; and (ii) neither your Member Content nor your posting, uploading, publication, submission or transmittal of this Member Content or Lula’s use of your uploaded Member Content (or any portion thereof) on, through or by the means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    2. You agree to not provide Member Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Lula in its sole discretion, whether or not such material may be protected by law. Lula may, but shall not be obligated to, review, monitor, disable or remove Member Content, at Lula’s sole discretion and at any time and for any reason, without notice to you.
  7. Ratings and Reviews.
    1. Owners and Renters may be able to publish a public review and/or rating about each other. Any such ratings and reviews reflect the opinion of individual Members and not of Lula, and are not verified by Lula for accuracy.
    2. Ratings and reviews by Owners and Renters must be fair, truthful and factual and may not contain any offensive or defamatory language. Members are prohibited from manipulating the ratings and reviews system in any manner.
  8. Use; Prohibited Conduct. You agree to comply with all applicable laws when accessing or using the Services. Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not: (i) reproduce, distribute, display, create derivative works of or transmit the content of the Services; (ii) use the Services commercially, for benchmarking, or to compile information for a product or service; (iii) modify or translate any part of the Services; (iv) reverse engineer, decompile, create derivative works of, modify, disrupt, tamper with or disassemble the technology used to provide the Services, or otherwise attempt to obtain source code;  (v) attempt to bypass, modify or defeat any of the security features of the Services; (vi) remove or alter any copyright, trademark or other proprietary notice contained on the Services; (vii) interfere with or damage the Services or our servers; (viii) impersonate or misrepresent your affiliation with a person, entity or organization; (ix) attempt to obtain any materials or information not intentionally made available through the Site by any means; (x) collect, manually or through an automatic process, information about or of other users or the Services; (xi) submit false or misleading information to us or post material that violates, misappropriates or infringes a third party’s intellectual property or other rights; (xii) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Services; (xiii) frame, inline link, or similarly display the Services; (xiv) use the Services to cause, directly or indirectly, nuisance, annoyance, inconvenience, or property damage, including to any vehicle rented through use of the Services or otherwise; (xv) harass any other Member or collect or store any personally identifiable information about any other Member other than for purposes of accessing or using the Services and in accordance with these Terms; (xvi) engage in physically or verbally abusive or threatening conduct; or (xvii) assist or encourage any third party in engaging in any activity restricted by these Terms.  Lula reserves the right, but has no obligation, to monitor your use of the Services for compliance with these Terms.
  9. Third Party Links. The Services may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse any such sites or the information, materials, products or services contained on or accessible through such sites. We have no control over, no obligation to monitor, assume no responsibility for, and will not be liable for, the content, privacy policies or practices of any third party websites or services. If you access a third party website from the Services, you do so at your own risk, and you understand that this Agreement does not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. We encourage you to be aware of when you leave the Services and to read the terms and conditions and privacy policy of any third party website or service that you visit.
  10. Payment.
    1. You agree to pay all fees and other charges for the Services as and when due.  Current prices are set forth in our [Fee Schedule]. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase.  You authorize us to charge your credit card for amounts due under this Agreement, and we reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon (i) your providing complete personal, account, transaction and any other information needed; (ii) authorization of the payment by your credit or debit card company; and (iii) acceptance of your payment.
    2. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment.  We may cancel a payment or prevent you from initiating future payments for any reason, including if you use the Services in breach of applicable law or regulation, or of these Terms.
  11. DISCLAIMER.
    1. This Agreement describes all of Lula’s obligations in the event of any loss or damage resulting from your use of the Services.  The terms below apply, unless expressly contradicted by law, regulation or terms applicable to particular Services, in which case such law, regulation or terms will apply.
    2. LULA PROVIDES A MARKETPLACE THAT ENABLES VEHICLE USAGE BETWEEN VEHICLE OWNERS AND RENTERS. LULA DOES NOT PROVIDE VEHICLE RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS MARKETPLACE, VEHICLE OWNERS, THE VEHICLE MANUFACTURER OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G., IN-VEHICLE GPS OR OTHER SYSTEMS). EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS,” AND LULA DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE VEHICLES AND OTHER PRODUCTS AND SERVICES PROVIDED BY OR THROUGH LULA, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LULA MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. USE OF THE SERVICES AND USE OF ANY VEHICLES THROUGH THE MARKETPLACE IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LULA OR ITS AGENTS OR REPRESENTATIVES WILL CREATE ANY EXPRESS WARRANTY.  LULA MAKES NO GUARANTEES REGARDING THE AVAILABILITY, QUALITY, OR CHARACTERISTICS OF ANY VEHICLES.
    3. IF LULA CHOOSES TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY MEMBER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A MEMBER OR GUARANTEE THAT A MEMBER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
    4. IN NO EVENT WILL LULA BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR SIMILAR  DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, INCLUDING WITHOUT LIMITATION, CLAIMS FOR LOSS OF GOODWILL OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LULA’S AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO LULA WITHIN THE 12 MONTHS PRECEDING THE DATE THE CLAIMS ARE BROUGHT UNDER THIS AGREEMENT OR $100.
    5. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT SETS FORTH CERTAIN RIGHTS AND RESPONSIBILITIES. SOME STATES MAY PROVIDE YOU WITH OTHER SPECIFIC LEGAL RIGHTS. THE TERMS OF THIS SECTION WILL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.
  12. Indemnity. You agree to defend, indemnify and hold harmless Lula, its affiliates and their respective directors, officers, employees, contractors and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, fees, costs and expenses (including attorneys’ fees) incurred in connection with any third party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of (i) any provision of this Agreement by you, (ii) an applicable law, rule or regulation by you, or (iii) any third party’s rights by you; (b) arising from or related to any other party’s access and use of the Services with your unique username and password, unless such access and/or use was not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials); (c) arising from or related to our use of your Member Content in the context of the Services; or (d) arising from, related to, or connected with your use or misuse of the Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense.  You may not settle any such claim without our express written consent.
  13. DISPUTE RESOLUTION AND ARBITRATION.
    1. This Agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings.  Any claims arising out of, relating to, or connected with this Agreement must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Agreement and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel) in Delaware.  The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable or a particular claim is subject to arbitration.  Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement:
      1. First, if we reasonably believe that you have in any manner violated or threatened to violate this Agreement, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
      2. Second, any claim of $1,000 or less may, at the option of the claiming party, be resolved in small claims court in Suffolk County, Massachusetts if the claim and the parties are within the jurisdiction of the small claims court.
    2. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
    3. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
  14. Miscellaneous Provisions.
    1. Termination. You may terminate your participation in the Services at any time, for any reason or no reason, upon receipt by us of your written or email notice of termination. Lula may terminate your participation in the Services at any time, for any reason or no reason, without explanation. We may, in our discretion, for any reason or no reason, bar your use of the Services in the future. This Agreement will remain in effect after your participation in the Services terminates.
    2. Governing Law. This Agreement, your use of the Services, and any other matter relating to Lula will be governed by the laws of Delaware, without regard to conflict of laws principles.
    3. Relationship. Your relationship with Lula is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Lula for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Lula.
    4. No Waiver. Lula’s failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of Lula thereafter to enforce each and every provision in accordance with its terms.
    5. Assignment. You may not assign or otherwise transfer this Agreement or any of your rights and obligations hereunder without Lula’s prior written consent. Lula may freely assign, transfer or delegate this Agreement and any of its rights or obligations hereunder.
    6. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
    7. Interpretation. This Agreement will not be construed against the drafter. “Include(s)” or “including” means, respectively, “include(s) without limitation” or “including without limitation,” unless expressly stated otherwise.
    8. Notices. Unless otherwise expressly stated, we may deliver notice to you by e-mail, posting a notice on the Lula website or any other method we choose and such notice will be effective on dispatch.
  15. TERMS APPLICABLE TO RENTERS.

The following Terms apply if you are a Renter.

    1. Use of the Vehicle. You may not access a vehicle made available through the Services (each, a “Vehicle”) until the beginning of your usage period. Vehicles are not for any commercial purposes. No Vehicle may be driven or moved by any means outside of a 50-mile radius of Wellesley, Massachusetts.  You must exercise exceptional care in your use of the Vehicle. You must comply with all applicable laws, rules and regulations in your use of the Vehicle. Without limitation, you and your passengers are required to wear seatbelts during the operation of the Vehicle. You are also required to meet any laws or regulations concerning car seats and other protections for young passengers. We may otherwise publish a list of “Prohibited Uses” of any Vehicle used through the Services. You will be fully responsible for any claims, loss, excessive wear or damage related to your misuse of a Vehicle. . Only the person who has been authorized by Lula for the usage period may operate the Vehicle and the person may not let others operate the Vehicle.
    2. Termination of Use. Lula may terminate your reservation or use of a Vehicle at its discretion at any time and require the return of the Vehicle, including recovering the Vehicle on behalf of the Owner.  If such termination is the result of your suspected breach of the Agreement, you will be charged all applicable fees, including the full cost of your reservation. If it is for other reasons, we will refund a pro-rata, unused portion of any pre-paid fees.
    3. Return. You must return the vehicle on time and to the pre-designated location as outlined by the Owner prior to the end of the usage period or as otherwise communicated to you by Lula. Your Vehicle must be returned with a fuel level equal to or greater than the level at the start of the usage period.
    4. Condition of the Vehicle. You understand that the Vehicles offered though the Services are owned by Owners and are not owned or maintained by Lula.  The Renter and Owner are required to complete a visual inspection of the reserved Vehicle before the Renter begins use of the Vehicle. The Renter and Owner shall jointly agree and document any pre-existing damage and excessive wear for which the Renter shall not be liable. If the Renter finds damage during the inspection of the Vehicle prior to the usage period and fails to report it, Lula may assume that the damage occurred during the usage period. Unless limited by state law, Lula holds the Renter responsible for damage to, or loss or theft of, the Vehicle including any part of optional accessory, regardless of fault or negligence.  The Renter shall pay the amount necessary to repair the Vehicle. If the Vehicle is stolen and not recovered, or determined to be salvage, the Renter shall pay the retail value of the Vehicle immediately preceding the loss. Unless prohibited by law, the Renter is also responsible for other costs including but not limited to; loss of use, administrative fees, diminishment of value, towing, storage and/or impound fees and other costs to recover the Vehicle and establish damages. As such, the Renter may be subject to damage-related fees and insurance claims, and you hereby authorize Lula to charge your payment card for any such damages and fees. If, after the initial inspection and prior to the commencement of the usage period, the Renter believes that the Vehicle is not safe to operate, do not use the Vehicle; in that event, please contact Lula immediately. Consequently, the Renter will not be responsible or liable for reservation commitments. The Renter will under no circumstances make any change or repairs to the Vehicle.
    5. Renter Incident Reporting. Renters must immediately report any damage, ticket, or violation  to the Owner of the Vehicle, Lula, and to the police if there is a vehicle accident. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Lula with a written description of the incident and any other information such as photos, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Lula, our claims administrators, or insurers. After an incident, you may not continue to use the Vehicle unless you have the explicit permission of the Vehicle Owner and authorized Lula staff. Failure to immediately report an incident may reduce or invalidate protection offered by Lula.
    6. Insurance. You are fully responsible for paying any damages not covered by your insurance, as well as insurance deductibles, fees, expenses, liens and fines arising out of your use of a Vehicle. If Lula advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to Lula’s schedule for repayment of those amounts to Lula.
    7. Tracking. We will enable tracking or other devices in any Vehicle.  You hereby consent to tracking of any such vehicle. You may not remove, tamper with, disable, or damage any such device.  You will be solely responsible for the cost of any lost, stolen, or damaged device.
    8. Tickets, Violations and Tolls. It is the responsibility of the Renter to pay all tickets, fines and tolls issued while the Renter is in possession of the Vehicle.  If after the Vehicle has been returned and all payments have been collected and it has been determined that there are any outstanding tickets, violations or tolls, you authorize Lula to charge the credit card you have provided for the amount needed to cover the ticket, violation or toll and our processing fee, up to 90 days after the end of the usage period.  Upon your request, we will provide you with a copy of the ticket, violation or toll which lists any applicable fees. You are responsible for towing fees, repairs, liens and impound costs associated with unauthorized towing of the Vehicles. Improper towing of Vehicles can result in serious mechanical damage. You will be responsible for all such fees and damage expenses.
  1. TERMS APPLICABLE TO OWNERS.

The following Terms apply if you are an Owner. You also agree to cooperate with the provision, return, and other issues relating to your Vehicle, as provided elsewhere in this Agreement.

    1. Eligible Vehicles.  Lula reserves the right to determine whether a Vehicle is eligible for offering through the Services.  Lula may remove a Vehicle at any time in its sole discretion. Further, you may offer only “private passenger motor vehicles” through the Services.  A “private passenger motor vehicle” means a vehicle that is insured, or is subject to being insured, under a personal automobile liability insurance policy insuring a single individual or individuals residing in the same household, as the named insured, but does not include a vehicle with fewer than four wheels.
    2. Vehicle Registration. When registering your Vehicle on Lula, you will be required to provide specific information about the vehicle, including vehicle identification number (“VIN”), current mileage, garaged zip code and proof of registration and insurance.  You must provide complete and accurate information to Lula. Lula may use third party agencies and services to verify information you provide to us and will obtain additional related information and corrections where applicable. You further hereby authorize Lula to request, receive, use and store such information. Lula may accept or reject your registration application for any reason.
    3. Information Given at Registration. When you sign up for Lula, you will specify the VIN of a particular passenger vehicle(s) that you want to list for use through the marketplace. Each prospective vehicle must meet the minimum requirements provided by Lula. Prior to acceptance, Lula, as part of the vehicle registration process, may conduct a vehicle inspection, verify vehicle registration with the DMV, verify vehicle insurance and photograph your vehicle. Additionally, Lula may enroll your vehicle with a fleet tracking service during usage to ensure compliance with our Renter policies. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to provide usage to Renters.
    4. Vehicle Reservations. Within [72] hours of a Lula Renter’s reservation request of an Owner’s vehicle, it is the Owner’s responsibility to “accept” or “decline” the reservation request. If you accept a reservation and it is booked, you are required to make direct contact with the Renter to formalize the necessary pick-up and return arrangements. The Owner is required to make the vehicle available as expected by the Renter within a [1] hour timeframe of the agreed upon pickup time. The Owner must also arrange with the Renter, prior to the usage period, the necessary pickup and return location and logistics. At the Owner’s discretion, third party services may be utilized to facilitate the pickup and return process. Unless these services have been secured through Lula, the use of third party services is at the Owner’s risk. Any changes in pickup and/or return locations and/or times shall be addressed directly with the Renter. Owner-initiated cancellations must be completed [48] hours prior to the commencement of the usage period. Owners who cancel confirmed reservations less than [48] hours prior to usage commencement may be subject to an improper reservation cancellation fee and/or removal from the Lula marketplace for repeated occurrences.
    5. Pickup and Drop-off. It is the responsibility of the Vehicle Owner to personally or through a certified proxy, conduct a vehicle inspection with the Renter prior to the usage period to mutually record pre-existing damage and excessive wear. At the conclusion of the usage period, the Vehicle Owner or certified proxy must conduct a post usage inspection with the Renter to record any new damage or excessive wear. All information collected from the pre- and post-usage inspections must be recorded and made available to Lula. As part of the pickup process, the Owner shall instruct the Renter on how best to safely operate the Vehicle and how to reduce the risk of Vehicle damage during use.
    6. Usage Fees. Each Owner may set and update the vehicle’s usage rates. Lula will pay the Owner the amount collected from those who use the Vehicle, less the applicable fees payable to Lula, as well as any taxes or other charges that Lula collects. Lula will pay the Owner all of the fees due on the [10th] day of the month for the prior month’s usage; provided that Lula may impose minimums for each payment. To the extent you owe Lula money for any reason, Lula also reserves the right to deduct those amounts from the Owner’s payment. Owner is fully responsible for all taxes relating to or arising out of usage transactions under this Agreement. Lula will need certain information from the Owner to ensure that we can report income paid as required by law. Lula may withhold payments until we have received that information from the Owner.
    7. Maintenance. Each Owner is required to routinely visually inspect the Owner’s Vehicle for any defects that may impair operations or safety and have the Vehicle properly serviced as indicated by the manufacturer.  The Owner agrees that at all times, the Vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable state inspection and registration requirements, as well as manufacturer requirements and recommendations. The Owner agrees to promptly service the Vehicle per any recall or similar safety notices. If Lula believes the Owner’s Vehicle does not conform to reasonable standards, Lula will notify the Owner and may restrict the usage of the Vehicle on the Lula marketplace until all outstanding items have been resolved. Owners who have made or will make vehicle modifications with aftermarket products such as engine modifications, exhaust systems, custom wheels, suspension modifications, body components, window tinting, tail light tinting, etc. are responsible for both the safety and compliance with state and local vehicle laws. Owners will be responsible for all citations related to vehicle modifications as noted above.
    8. Tracking Devices and Signage. Lula will, at its expense, require that certain tracking devices be affixed to your Vehicle while you participate in the Services. Lula will provide instructions for removal in connection with any termination of your participation in the Services. Lula may, from time to time and at its expense, require that certain signage labels or other markings be temporarily affixed to your Vehicle while you participate in the Services. Lula will provide instructions for removal in connection with any termination of your participation in the Services.
    9. Post-Usage Reporting. Upon vehicle return, the Owner and Renter are required to conduct a “Return Inspection” in order to complete the usage transaction. If damage or excessive wear and tear has occurred to the Owner’s vehicle during the usage period, the Owner and Renter are required to report the specific information to Lula prior to completing the “Return Inspection.” Lula will note the damage details in the rental transaction record. If necessary, Lula or its designated third party may investigate damages related to the report. Both the Renter and the Owner will provide requested information and cooperate in any investigation.
    10. Damage Remediation. Lula encourages Owners and Renters to resolve matters in a mutually satisfactory manner. All outcomes from such an agreement must be documented and sent to Lula as indicated in the section related to Post-Usage Reporting. In the event that an Owner and Renter cannot resolve a matter, Lula may issue a final ruling to determine financial accountability based on an independent investigation of Vehicle damage or other loss. If Lula deems it necessary, Lula may engage the appropriate insurance companies to cover any incremental costs. RENTERS AND OWNERS AGREE TO HOLD LULA HARMLESS FROM AND AGAINST ANY CLAIMS RELATED TO ANY DISPUTES BETWEEN THEM.
    11. Physical Damage. Lula is not responsible for any personal property, including any after-market installations (e.g., GPS, radar detector, equipment racks, etc.), that are taken from your vehicle or damaged during a usage period. We recommend that you remove all personal property before making the vehicle available for a reservation. In addition, you should expect normal wear and tear on your vehicle, including minor scratches, in connection with your participation in the marketplace. To the extent allowed by applicable law, Lula will not reimburse you for normal wear and tear to your vehicle.

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