Twisted Road Terms of Service

 

Last Updated: October 10, 2017

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AN AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Introduction

Twisted Road, LLC (hereinafter, “Twisted Road”, “we”, or “us”), provides an online platform that connects vehicle owners with riders seeking to rent those vehicles. Twisted Road is accessible online, including at www.twistedroad.com and as an application for mobile devices (Twisted Road’s websites, blog, and mobile applications are hereinafter collectively referred to as the “Services”). By accessing or using the Services, including by communicating with us or other Twisted Road users, you agree to comply with, and to 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 Twisted Road.

Modification. All of the provisions in the Terms, together with Twisted Road’s Privacy Policy and the user policies provided on the Twisted Road Services (collectively, the “Policies”), constitute the “Agreement” between you and Twisted Road.

Twisted Road reserves the right, at our sole discretion, to modify our Services or to modify these Terms or any of our Policies at any time. If we modify these Terms or any of our Policies, we will post the modification on our Services. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use our Services after we have posted a modification or provided you with notice of any such modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and to close your account.

If you have any questions for us concerning this Agreement or Twisted Road generally, please contact us at info@twistedroad.com.

 

General terms

 

Eligibility. Our Services are intended solely for persons who are 18 or older. Any use of the Services by anyone under 18 is expressly prohibited.

Registration. In order to access certain features of the Services, you must sign up for an account with us (hereinafter a “Twisted Road Account”) by either providing us with your email address and creating a password or through a third-party social networking site account.

Verification. When you sign up to either list or rent a vehicle, you will provide us with certain information about yourself to enable us to verify your identity in order to become an “Approved Rider.” You promise to provide complete and accurate information to Twisted Road about yourself and your vehicle(s), if any. Where permitted, Twisted Road has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of users and vehicles, including driving history, driver’s license validity, and motorcycle endorsements, but we do not endorse any vehicle, user, or his or her background. Twisted Road 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 Twisted Road to request, receive, use, and store such information. Twisted Road may accept or reject your application to become an Approved Rider in its sole discretion.

Authorization. When you apply to become an Approved Rider, you are providing Twisted Road with written instructions and authorization in accordance with applicable laws to obtain your personal and/or business auto and/or motorcycle insurance score, credit report or conduct a background check, including obtaining a motor vehicle report or a criminal background check where permissible under applicable law. You are also authorizing Twisted Road to obtain your personal and/or business auto and/or motorcycle insurance score, credit report or conduct a background check at any time Twisted Road reasonably believes there may be an increased level of risk associated with your Twisted Road Account.

Ongoing Information Updates. You promise to update the information you have provided to Twisted Road in the event of any changes to your driving record, contact information, or background. Specifically with respect to your contact information, Twisted Road may deliver notices to you at the most recent email, telephone, or billing address provided by you, and those notices will be considered valid even if you no longer maintain such email account or telephone number, or receive mail at such address unless you provide updated contact information to us. Also, you are and will be solely responsible for all of the activity that occurs through your Twisted Road Account, so please keep your password and account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Twisted Road Account, whether or not you have authorized such activities or actions. You will immediately notify Twisted Road of any actual or suspected unauthorized use of your Twisted Road Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Twisted Road Account after you have reported unauthorized access to us.

Your Commitments. You agree that you will always use your Twisted Road Account and the Services in compliance with the Terms, applicable law, and any other policies and standards provided to you by Twisted Road. As an owner or host (hereinafter “owner”), you promise that you will provide a safe and legally registered and insured vehicle, with a clean (non-salvage/branded) title, in good mechanical condition, on-time to the renter, traveler or guest who is an Approved Rider (hereinafter “traveler”). As a traveler, you promise that you are, or will be at the time of the rental period, a legally licensed driver or rider, who will treat the vehicle well and will take all reasonable measures to return the vehicle on time and in substantially the same condition that you received it.

In connection with your use of or access to the Services, you may not, and you agree that you will not, advocate, encourage, request, or assist any third party to:

Violate any law, including:

Submit any false information, including:

Fail to honor your commitments, including:

Harm or threaten to harm users of our community, including:

Use Twisted Road for your own unrelated purposes, including:

Interfere with the operation of the Services, including:

Violations. Twisted Road has the right, but not the obligation, to investigate, pursue, and seek to prosecute or litigate violations of this Agreement to the fullest extent permissible by the law. Twisted Road may access, preserve, and disclose any of your information: (i) if we are permitted or required to do so by law; (ii) if we believe in good faith that it is reasonably necessary to respond to claims asserted against Twisted Road or to comply with legal process (for example, subpoenas or warrants); (iii) to enforce or administer the Terms; (iv) to do so for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; or (v) to protect the rights, property, or safety of Twisted Road, its employees, its users, or members of the public.

Twisted Road reserves the right, at any time and without prior notice, to remove or disable access to any content that Twisted Road, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Services or our community. If we believe you are abusing Twisted Road, our users, or employees in any way or violating the letter or spirit of any part of this Agreement, we may, in our sole discretion and without limiting our other remedies, limit, suspend, or terminate your Twisted Road Account(s) and/or access to our Services, remove hosted content, deny a claim for coverage, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our sole discretion.

Policy Enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies.  We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.

Collection of Fees. You must have a valid payment method on file and pay all fees associated with our Services by the payment due date. If your primary payment method fails or your account is past due, you hereby authorize us to charge all additional payment methods we have on file, and to employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. In addition, you may be subject to late fees. Twisted Road, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by electronic mail or by phone, as provided to Twisted Road by you. Such communication may be made by Twisted Road or by anyone on its behalf, including but not limited to a third party collection agent. If you wish to dispute the information Twisted Road reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact us at info@twistedroad.com.  If you wish to dispute the information a collection agency reported to a credit bureau regarding your Twisted Road Account, you must contact the collection agency directly.

Communications with You. In order to contact you more efficiently, we may at times contact you using autodialed or prerecorded message calls or text messages at your telephone number(s).  We may place such calls or texts primarily to confirm your signup; provide notices regarding your Twisted Road Account or Twisted Road Account activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. You agree that we, or our service providers, may contact you using autodialed or pre-recorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Twisted Road is required to obtain your consent for such communications, you may choose to revoke your consent by writing to us at info@twistedroad.com.

You understand and agree that Twisted Road may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Twisted Road or its agents for quality control and training purposes. You acknowledge and understand that your communications with Twisted Road may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us in writing at info@twistedroad.com.

Insurance. In the unlikely event of a conflict or inconsistency between the explanation of insurance coverage in these Terms and an applicable insurance policy offered to the Twisted Road community, the insurance policy language controls.

 

LEGAL DISPUTES FOR OWNERS AND TRAVELERS

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND TWISTED ROAD HAVE AGAINST EACH OTHER ARE RESOLVED.

Subject to applicable law, you and Twisted Road agree that any claim or dispute at law or equity that has arisen or may arise 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 Service or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth herein.

Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms  and any claim or dispute that has arisen or may arise between you and Twisted Road, except as otherwise stated in these Terms. These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Illinois and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Cook County, Illinois, or a United States District Court for the Northern District of Illinois located in Cook County, Illinois.

Agreement to Arbitrate. You and Twisted Road each agree that any and all disputes or claims that have arisen or may arise between you and Twisted Road (including its respective subsidiaries, employees, officers, directors, and agents) 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 services sold, offered, or purchased through Twisted Road’s Services (such as listing or renting a vehicle) or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Alternatively, you may assert your claims in small claims court in Cook County, Illinois, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions contained in these Terms (this “Agreement to Arbitrate”).

Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND TWISTED ROAD AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TWISTED ROAD AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

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. An arbitrator should apply the provisions of these Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of heading “Prohibition of Class and Representative Actions and Non-Individualized Relief”, shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

A party who intends to seek arbitration must first send to the other, by email, a completed form Notice of Dispute (“Notice”). The Notice to Twisted Road should be sent via email to disputes@twistedroad.com.  You must provide your name, telephone number, email, mailing address, and briefly describe the nature of your dispute and the relief you would like from Twisted Road.

If you and Twisted Road are unable to resolve the claims described in the Notice within 30 days after the Notice is received, you or Twisted Road may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org (the AAA provides a Demand for Arbitration formand a separate form for California residents.) In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. Any settlement offer made by you or Twisted Road shall not be disclosed to the arbitrator.

The arbitration hearing shall be held in Cook County or at another mutually agreed location. If the value of the relief sought is $35,000 or less, you or Twisted Road may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Twisted Road subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Twisted Road may attend by telephone.

For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. 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’s award of damages must be consistent with the terms of the “Limitation of Liability” section of these Terms as to both the types and the amounts of damages for which a party may be held liable. 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 Twisted Road 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.

Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $5,000 or less, at your request, Twisted Road will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. However, in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Twisted Road is relieved of its obligation to reimburse you for any fees associated with the arbitration.

Severability. With the exception of any of the provisions in the “Prohibition of Class and Representative Actions and Non-Individualized Relief” section of these Terms, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the “Prohibition of Class and Representative Actions and Non-Individualized Relief” section of these Terms is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, including its legal disputes provisions, will continue to apply.

Opt-Out Procedure. IF YOU ARE A NEW TWISTED ROAD USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO INFO@TWISTEDROAD.COM ("OPT-OUT NOTICE")THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS FOR THE FIRST TIME.

In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Twisted Road Account(s) to which the opt-out applies, to info@twistedroad.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 parts of the Agreement, including its legal disputes provisions, will continue to apply to you. Opting-out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Twisted Road 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 you and Twisted Road. If you do not agree to these amended terms, you may close your account within 30 days of the amendment being posted and you will not be bound by the amended terms; however, you will continue to be bound to arbitrate any dispute in accordance with the provisions of the “Agreement to Arbitrate” section of these Terms 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 Twisted Road, you do NOT need to submit another one when the Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid Opt-Out Notice as to future versions of the Terms.

Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between you and Twisted Road must be resolved exclusively by a state, federal, or small claims court located in Cook County, Illinois. You and Twisted Road agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes.

 

Other legal matters

 

Twisted Road Photography. Twisted Road may offer owners the option of having photographers take photographs of their vehicles and/or owners with their vehicles (“Images”). You alone are responsible for using the Images in connection with your Twisted Road listing and you warrant that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Twisted Road is the sole and exclusive owner of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the Images regardless of whether you include them in your listing and you shall take no action to challenge or object to the validity of such rights or Twisted Road’s ownership or registration thereof. You hereby acknowledge that Twisted Road 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 hereby waive any and all moral rights you may have in the Images. If you use the Twisted Road photography program, you agree that you will not use the Images in connection with renting your vehicle out on any platform, website, or application other than Twisted Road. At Twisted Road’s request, you will execute documents and take such further acts as Twisted Road may reasonably request to assist Twisted Road to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.

You understand that if Twisted Road uses the term “Verified Images”, the term is intended only to indicate a photographic representation of the vehicle at the time the photograph was taken. Verified Images are therefore not an endorsement by Twisted Road of any user or any vehicle. Likewise, Twisted Road may, but does not commit to, undertake efforts to ensure the safety of vehicles rented through the Services. We do not make any representations about, confirm, or endorse the safety or roadworthiness of any vehicles beyond our Policies that require vehicle owners to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean (non-salvaged/non-branded title), not subject to any applicable safety recalls, and otherwise in satisfaction of our eligibility requirements.

Twisted Road Content and User Content License. Subject to your compliance with the provisions of these Terms, Twisted Road grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Twisted Road content solely for your personal and non-commercial purposes and access and view any user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Twisted Road or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of your vehicle or trip. By making available any content on or through the Services, or through Twisted Road promotional campaigns, you hereby grant to Twisted Road a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote or market the Services. Twisted Road does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Copyright Protection. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, please contact us at DMCA@twistedroad.com

Termination. You may discontinue your use of the Services at any time, and Twisted Road may terminate your access to the Services at any time for any reason or no reason in its sole and absolute discretion. Termination of access to the Services will not release either party from any obligations incurred prior to the termination, and Twisted Road may retain and continue to use any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement and/or any fees due, and all of those provisions will survive any termination of this Agreement.

No Transfer or Assignment. Except as otherwise provided herein, each traveler and owner agrees that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in any vehicle shared through the Twisted Road Services.

Disclaimers. TWISTED ROAD PROVIDES SERVICES THAT ENABLE VEHICLE RENTALS BETWEEN OWNERS AND TRAVELERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, TWISTED ROAD DOES NOT ITSELF PROVIDE VEHICLE RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE VEHICLE MANUFACTURER, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, TWISTED ROAD EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Twisted Road makes no warranty that the Services, including, but not limited to, any listing and/or any vehicle, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Twisted Road makes no warranty regarding the quality of any listings, vehicles, owners, travelers, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Twisted Road or its service providers or through the Services or content, will create any warranty not expressly made herein.

Limitation of Liability and Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST TWISTED ROAD AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “TWISTED ROAD PARTIES”) AND ANY TWISTED ROAD USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, A VEHICLE NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A VEHICLE, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU AND, IN THE CASE OF THE TWISTED ROAD PARTIES, ANY ACTION OR INACTION OF THE VEHICLE OWNER. NEITHER TWISTED ROAD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY VEHICLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. Except for our obligations to pay amounts to applicable owners or travelers pursuant to these Terms, in no event will Twisted Road’s aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of (i) in the case of travelers, the amounts you have paid or owe for bookings via the Services in the twelve (12) month period prior to the event giving rise to the liability, or in the case of owners, the amount earned by you in the twelve (12) month period prior to the event giving rise to the liability, and (ii) US$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TWISTED ROAD AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY TWISTED ROAD USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

Indemnification. To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Twisted Road and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or your violation of these Terms; (ii) your user content; (iii) your interaction with any user, booking of a vehicle, or creation of a listing for a vehicle; or (iv) the use, condition, or rental of a vehicle by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a rental, booking, or use of a vehicle.

Liquidated damages. You acknowledge that the actual damages likely to result from engaging in gray market transactions (i.e., using Twisted Road to find a renter or vehicle, and then completing a vehicle rental or related transaction partially or wholly independent of Twisted Road, in order to circumvent the obligation to pay any Twisted Road fees) are difficult to estimate and would be difficult for Twisted Road to prove. You will pay Twisted Road $5,500 in Liquidated Damages to compensate Twisted Road for any such conduct. This amount is not intended as a punishment for any such breach.

Twisted Road is not a motorcycle rental company. It does not own a fleet of motorcycles or other vehicles, and is not in the business of renting vehicles to the public. Twisted Road is in the business of providing an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms.

Rounding off. Twisted Road may, in its sole discretion, round up or down amounts that are payable from or to owners or travelers to the nearest whole dollar.

No Agency. Twisted Road does not appoint you or any other user as its employee or legal agent, or form any kind of legal partnership or joint venture with you. You are not authorized to make any commitments on behalf of Twisted Road and Twisted Road will not make commitments on your behalf, except as contemplated by the Services or expressly stated in this Agreement.

General. This Agreement states the entire understanding between you and Twisted Road concerning your access to and use of the Twisted Road Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without the prior written consent of Twisted Road. You will remain responsible for your obligations hereunder in any event. If any provision of this Agreement is construed to be invalid, void, or unenforceable for any reason, the remaining provisions will not be affected and will continue in full force and effect. A Twisted Road director or officer must agree to any modification or waiver of any term of this Agreement in writing in order for any such modification or waiver to be effective. Twisted Road’s failure to exercise any right under this Agreement will not constitute a waiver of any other right Twisted Road may have. There is personal vehicle sharing legislation that may apply to you.

Headings are for reference purposes only and do not limit the scope or extent of any section herein.

Twisted Road can be contacted at 1001 Green Bay Road, Suite 300, Winnetka, IL, 60093. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-800-952-5210.

Translations. Where Twisted Road has provided you with a translation of the English language version of these Terms, in case of any wording discrepancies between the English language version and any other version of the Terms, the English language version takes precedence.

 

ADDITIONAL terms for travelers

 

The following provisions also apply if you rent a vehicle using the Services:

Fees. You are responsible for paying all fees when they come due. You hereby authorize Twisted Road to charge any payment methods on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles, and damages, and you represent and warrant that you have the right to make this authorization. You will be responsible for all of the costs relating to any citations and fines (e.g., tolls, parking tickets, towing fines) incurred during the rental period.

Your Financial Responsibility Is Primary. With regard to damage, losses, or other liabilities incurred during the rental period, you acknowledge that you are primarily liable, though you may fund that primary liability via any personal insurance you have available to you (e.g., applicable personal motorcycle insurance or insurance from credit cards, etc.) which can be the primary source of funds for your liabilities hereunder. Subject to any personal coverage available to you, you acknowledge and agree that you are fully responsible for any damage, losses, or other liabilities relating to your activities through Twisted Road during the rental period. You acknowledge that Twisted Road may, in its sole discretion, require and hold a deposit as part of the reservation of a vehicle

Use of the Vehicle. When you rent a vehicle from an owner through Twisted Road, you must use the vehicle only for your personal use and not for any commercial purposes unless you have express written permission from Twisted Road in advance. You may not access a vehicle until the beginning of your rental period and you must return the vehicle on time and in the correct location. You must exercise reasonable care in your use of the vehicle. You are required at all times 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 Twisted Road has any concern about your use of a vehicle, Twisted Road may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the owner. You are required to comply with local, state, and federal laws with regards to wearing a helmet during the operation of the vehicle.  You must remove any keys from the motorcycle when not in use and take cautionary measures to prevent any damage or theft while not in use. You must supply your own safety equipment, helmet (D.O.T. or Snell-rated), boots, gloves, goggles, jacket, riding pants and comply with state regulation. You may make prior arrangement to borrow the owner’s safety equipment, but the owner is under no obligation to do so.  It is your responsibility to evaluate and determine if weather conditions permit the safe operation of the vehicle. The Twisted Road Policies provide a list of “Prohibited Uses”of any vehicle rented through the Services. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact info@twistedroad.com.  You will be fully financially responsible for any claims, loss, or damage related to your misuse of a vehicle. Travelers also acknowledge that using a vehicle in a prohibited manner or otherwise breaching this Agreement may lower the traveler’s liability coverage to legal minimum limits, or nullify coverage and may furthermore nullify any comprehensive or collision protection where allowed by applicable law.

Condition of the Vehicle. You understand that third parties own the vehicles offered through the Services. Each owner 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 in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Twisted Road may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; in that event, please contact the Twisted Road team immediately at 1-312-985-6694.

Incident Reporting. You must immediately report any damage to the vehicle you are using to Twisted Road by calling 1-312-985-6694, and if there has been a collision, to the local police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Twisted Road or third party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Twisted Road, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of Twisted Road staff.

State Laws Regarding Rental Vehicle Theft. It is a felony in most states to fail to return a rental vehicle within a certain period of time after the rental period has expired. The following conduct may result in the reporting of the vehicle you have rented as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties:

Repossession. Twisted Road, the owner and/or any hired agent of Twisted Road or the owner may repossess any vehicle rented through the Services without demand, at the renter’s expense, if the vehicle (i) is not returned by the end of the reservation, (ii) is found illegally parked or apparently abandoned, or (iii) is used in violation of applicable law or these Terms.

Missing Vehicles. If a vehicle you have rented through the Twisted Road Services goes missing and/or is stolen during the rental period (or any extension period thereof), you, as the renter, must (i) immediately return the original ignition key to the owner, if such key is still in your possession; (ii) file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 24 hours after discovering it has gone missing; and (iii) cooperate fully with the owner, law enforcement, Twisted Road, and any other authorities in all matters related to the investigation.

 

Additional terms for owners

 

The following provisions also apply if you rent out your vehicle to a traveler through the Services:

Information Given at Registration. When you sign up for Twisted Road, you will identify vehicle(s) that you want to list for rent through the Services. At this time, the only vehicles that may be rented through the Services are motorcycles.  Each vehicle must meet the requirements found in our Policies. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to rent out.

Vehicle Availability. Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the traveler. If you offer the traveler the option to pick up your vehicle at a persistent specified location, you must accurately provide the location of the vehicle to Twisted Road and ensure that the vehicle is available at that location at the beginning of the rental period. Before you provide a prospective traveler with your vehicle, you must verify that (i) the person picking up the vehicle has a current, facially valid license to ride the vehicle you are renting,  (ii) the name on such license exactly matches the name on the reservation, and (iii) the person picking up the vehicle reasonably appears to match the photograph on the such license.

Trip Fees. You will have the ability to set and revise the vehicle’s pricing as you choose. Twisted Road will pay you the amount collected from those who rent your vehicle, less the applicable fees payable to Twisted Road.  To the extent you owe Twisted Road money for any reason, Twisted Road also reserves the right to deduct those amounts from your payment.

Taxes. You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Services. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor.  You acknowledge and agree that you shall be solely responsible, and that Twisted Road shall not be responsible, for ensuring your compliance with any and all applicable tax regulations.

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. You will only list vehicles with a clean, non-salvaged, 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 rented. In addition, if Twisted Road believes that your vehicle does not conform to our standards, Twisted Road will notify you of such, and we reserve the right to remove or decline listing your vehicle until our concerns have been resolved. Twisted Road may, but is under no obligation to, undertake efforts to ensure the safety of vehicles rented through the Services. For more information about our vehicle eligibility requirements, please see our Policies.

Incident Reporting. If you reasonably believe that a traveler 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 end of reservation) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, Twisted Road or third party claims administrators will reasonably determine whether the damage occurred during the rental period and is eligible for coverage. If it is eligible for coverage, you will be reimbursed for the loss as further described in the sections below. If Twisted Road is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Twisted Road or third party claims administrators, we may not be able to determine the cause, in which event we reserve the right to decline any financial responsibility for such damage.

Physical Damage. During each rental period, Twisted Road will bear the risk of theft, destruction, or damage with respect to your vehicle, subject to these Terms. In the event of a loss that is covered by this Agreement, Twisted Road will, at its option, use commercially reasonable efforts to pay you either the reasonable and actual expenses of repair of the vehicle or the actual cash value (“ACV”) of your vehicle (if, for instance, the expected cost of repairs exceeds 75% of the ACV of the vehicle).  Note, if Twisted Road chooses to pay you the ACV for your vehicle, you will be required to transfer title to the vehicle to Twisted Road. The standard for the vehicle’s ACV will be as determined by Twisted Road and in compliance with applicable law.

Damage Exclusions. There are some exceptions to Twisted Road’s obligations in the “Physical Damage” section of these Terms. Twisted Road is not responsible for any personal property, including any aftermarket installations (e.g., saddlebags) that are taken from your vehicle or damaged during a rental 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 scrapes and dings, in connection with your participation in the Services. Twisted Road will not reimburse you for normal wear and tear to your vehicle. Any reimbursement that would normally be provided may be voided if you violate our Terms of Service, our Policies, and/or submit inaccurate information about your vehicle when listing it for rent through Twisted Road (for example, falsely represent the make, model, or year of the vehicle).

Other Insurance and Legal Matters.  You agree to comply with any and all applicable laws and regulations, including applicable registration and minimum insurance requirements for your vehicle. As part of your participation in the Services, you must maintain your own insurance policy and meet any minimum insurance levels required by law. In the USA, there is personal vehicle sharing legislation that may apply to you. You promise to maintain registration information and proof of insurance in your vehicle during every rental period. You also agree to provide Twisted Road with information regarding your policy’s coverage as may be requested. You must inform Twisted Road promptly in the event that any information previously provided changes.

No Double Recovery. If Twisted Road reimburses you for a lost or damaged vehicle and you later receive payment for some or all of your vehicle from a third party (e.g., a third party insurance company or other restitution), you must reimburse Twisted Road any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by Twisted Road.

Missing Vehicles. If your vehicle goes missing, is not returned and/or is stolen during the rental period (or any extension period thereof), you, as the owner, must immediately contact a Twisted Road representative and follow his or her instructions, including cooperating with Twisted Road, the police, and any other authorities related to the investigation of the theft. If you are instructed by Twisted Road to file a police report, you must do so within 24 hours of receiving those instructions.  Failure to timely file a police report or cooperate in an investigation may reduce or invalidate any reimbursement that you would normally receive from Twisted Road.