PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AN AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS (UNLESS YOU OPT OUT), AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Introduction

Welcome to the Carsan car sharing service. Carsan is a peer-to-peer car sharing platform that connects owners with vehicles available for use by others ("Owners") with drivers seeking to use those vehicles for their individual transportation needs ("Drivers"). Carsan provides full management service to vehicle owners which includes: check-in, check-out, vehicle parking, reservations support, repairs support, claims support, roadside assistance support. Each Driver and Owner is a "user". This Agreement applies to all users of Carsan and applies at any location in which Carsan provides an opportunity for using shared vehicles, including, without limitation, assist and all locations.

To facilitate car sharing, Carsan LLC. ("Carsan") provides an online platform through the Carsan's websites, or through other options we make available (collectively, the "Services"). You accept and agree to comply with this agreement (the "Agreement") by either: (a) clicking to agree to this Agreement, where this option is available; or (b) by accessing or using the Services, in which case you automatically agree to be bound by this Agreement.

Carsan reserves the right, at its discretion, to modify this Agreement at any time. The date of the last update will be posted above. If you do not agree to this Agreement as modified, you must stop using the Services. Carsan will use reasonable efforts to notify you when material changes are made to this Agreement, however, it is your responsibility to understand and comply with the Agreement, as modified. Your continued use of the Services following the posting of any changes to this Agreement constitutes your acceptance of those changes.

Your right to use the Services terminates, in our sole discretion, if you violate this Agreement.


1. Terms Applicable to All Users

Eligibility Requirements Our Services are intended solely for persons who are 18 or older and approved by us as users of the Services. Any use of the Services by anyone under 18 is prohibited. The Services are not available to any users previously removed from the Services by Carsan, unless we have given you written notice of reinstatement.

Registration To access certain portions of the Services, you must sign up for an account with us at our website, or through any other means we offer, and accept this Agreement.

Carsan User Approval Process When you sign up to either list or reserve a vehicle, you will provide us with certain information about yourself and your vehicle, if applicable, to enable us to verify your identity and to evaluate whether you meet the eligibility criteria set forth in this Agreement, in order to become an approved user of the Services. You promise to provide complete, true, and correct information to Carsan about yourself and your vehicle(s), if any. You authorize Carsan to order one or more consumer reports on you and to undertake screenings in order to confirm that Owners, users, and vehicles have met Carsan's eligibility criteria set forth herein. Carsan may, in its sole discretion, use third-party services to verify the information you provide to us and to obtain additional information about you. A "consumer report" includes any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living that is used in whole or in part as a factor in establishing the consumer's eligibility for a purpose authorized under the Fair Credit Reporting Act. The consumer reports Carsan will order pursuant to this Agreement may include, but may not be limited to, reports containing driver license validity information and driving and or motor vehicle record information on you from any state in which you have been licensed to drive, as gathered and communicated by a consumer reporting agency. This Agreement will serve as your signed, written consent for Carsan to order such consumer reports. We may make corrections to information you provide in your account where appropriate based on information found in such consumer reports. Carsan, in its sole discretion, also may accept or reject your application to become a user, including on the basis that your consumer report shows that you fail to meet Carsan's eligibility criteria. In the event that Carsan does not approve you to become a user of the Carsan Services on the basis, wholly or in part, of the information in a consumer report, Carsan will notify you of this fact and provide you with information regarding the third party that provided the information to Carsan, to the extent required by applicable law.

Eligibility Criteria.
Carsan, in Carsan's sole discretion, will determine the eligibility criteria for use of the Carsan Services. In certain circumstances, Carsan may restrict usage of the Carsan Services.

Privacy Policy You hereby authorize Carsan to request, receive, use, share and store information relating to you, pursuant to Carsan's Privacy Policy, which is available at https://carsan.com/privacy-policy . You also hereby acknowledge your acceptance and understanding of Carsan's Privacy Policy.

Text Messages.

Consumer Report Authorization By checking the applicable box and continuing with the account sign-up and application process, you are providing Carsan with authorization in accordance with the Fair Credit Reporting Act and all applicable state and local laws to obtain one or more associated consumer reports and other third-party sources of data, including, without limitation, your credit report and score, motor vehicle records, prior insurance reports, and any other consumer reports relevant to identity verification and risk associated with your Carsan account. You also authorize Carsan to conduct a background check, including a criminal background check where permissible under applicable law. In addition, you are authorizing Carsan to obtain consumer reports and a background check at any time Carsan reasonably believes there may be a need to obtain current information related to risk associated with your Carsan account.

Ongoing Contact and Information Updates
It is important that your information related to listed vehicles or to using vehicles reserved through Carsan remains current in your account. You promise to update the information you have provided to Carsan in the event of any changes to your driving record, contact information, or background information. Carsan may also contact you and deliver notices to you at the most recent email, telephone, or billing address provided by you, so it is important that you keep your contact information current. You will be bound by those notices even if you may no longer be reached at the email address, telephone number, or mailing address most recently provided to us.

Account Security and Unauthorized Use
You are solely responsible for all activity that occurs through your 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 take sole responsibility for any activities or actions under your Carsan account, whether or not you have authorized such activities or actions. You will immediately notify Carsan of any actual or suspected unauthorized use of your Carsan account. We are not responsible for any unauthorized access to your account.

Use of Carsan for its Intended Permissible Purposes Only
You agree to use the Services only for their intended purposes and may not use them for any purposes beyond car sharing transactions. You may not contact other users for any purpose other than for issues related to a booking. You may not interfere with the operation of the Services by engaging in disruptive or anti-competitive activity including, without limitation, interfering with any other user's listings or using any technological means such as bots, harmful code, denial of service-attacks, forged IP address information or similar methods that may disrupt or interfere with Carsan's operations or Services. In addition, you may not attempt to systematically retrieve information, data, or other content from our Services.

Violations of these Terms
Carsan has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of this Agreement or any applicable law to the fullest extent permissible by law. Carsan reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to the Services or any content that Carsan, 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 Carsan, our users, or Carsan team members in any way or violating the letter or spirit of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, remove hosted content, and take technical and 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 discretion to the full extent permitted under applicable law.

DISPUTE RESOLUTION – ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER

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

Failure to follow these procedures may delay or preclude you from pursuing a claim. If you have claims arising from or related to this Agreement, you must contact Carsan's customer support team at support@carsan.com prior to initiating any arbitration proceeding. If Carsan is unable to resolve any such claim with you (except for any issues related to or arising from an applicable Carsan protection policy), you and Carsan agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or a class member in any class action, class arbitration, or other representative proceedings. Additionally, you and Carsan each agree in the following arbitration provision (the "Arbitration Provision") to resolve those disputes through binding, individual arbitration, rather than through the court system. Arbitration is less formal than a lawsuit in the court system and uses a neutral arbitrator or panel of arbitrators instead of a judge or jury.

A. Agreement to Binding, Individual Arbitration Between you and Carsan:

IMPORTANT: You and Carsan agree that any arbitration will take place on an individual basis, AND NOT as a plaintiff class member in any purported class action or representative proceeding. Further, unless both you and Carsan agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

You and Carsan agree to arbitrate all disputes and claims between the parties when more informal methods of dispute resolution have failed. This is intended to be interpreted in the broadest extent possible.

WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.

B. Process:

If you would like to arbitrate, you must first send, by mail, a written notice of dispute (a "Dispute Notice") to Carsan. Any Dispute Notice to Carsan must be sent to:

Carsan LLC.

312 W 2ND ST Num Num3623

Casper, WY 82601

The Dispute Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Carsan and you do not reach an agreement to resolve the claim within 60 calendar days after the Dispute Notice is received, you or Carsan may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Carsan or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Carsan is entitled.

The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") in effect at the time the Dispute Notice is received by Carsan of the American Arbitration Association ("AAA"), as modified by this Arbitration Provision, and will be administered by the AAA. The AAA Rules are available online at adr.org, or by calling the AAA at (800) 778-7879.

The arbitrator is bound by the terms of this Arbitration Provision.

C. Location and Procedure:

Unless Carsan and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA will determine a location. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision that explains the essential findings and conclusions on which the award is based.

D. Fees:

Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be set forth in the AAA Rules. However, if your non-frivolous claim for damages does not exceed $75,000, Carsan will promptly reimburse you for all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your demand for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

The arbitrator may make rulings and resolve disputes regarding the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's merit-based award.

In arbitration, if you prevail, you are entitled to recover attorneys' fees to at least the same extent as you would be entitled to do so in court or as otherwise required by applicable law. In similar circumstances where Carsan prevails, Carsan will not seek attorneys' fees from you. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

E. Arbitrator's Decision:

The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The arbitrator's decision will be final and binding on all parties. An arbitrator's decision and subsequent court judgment will have no effect as far as matters addressing issue preclusion are concerned.

F. Severability and Survival:

If any portion of this Arbitration Provision is found to be unlawful for any reason, three things will happen: first, the unlawful provision will be severed from this Arbitration Provision; second, severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of the Arbitration Provision or the parties' ability to compel arbitration of any remaining claims on an individual basis; and third, to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. This Arbitration Provision will survive termination of this Agreement.

G. Arbitration Opt-Out:

If you do not wish to agree to arbitration and to waive your right to all other available resolution processes, you may opt out of this mandatory arbitration and class action waiver provision by notifying Carsan within 30 calendar days of your acceptance of this Agreement by sending a notification that includes your name, mailing address, and the email address you used to sign up for a Service account via electronic mail to support@carsan.com.

Service Content and Intellectual Property

Ownership of Carsan Content.
All written content prepared and posted by Carsan and the Services design, layout, look, appearance, and graphics on the Services, as well as the trademarks, service marks, and logos contained on the Services ("Carsan Content") are owned by or licensed to Carsan and are subject to copyright, trademark, and other intellectual property rights under United States and foreign laws and international conventions. Carsan reserves all rights not expressly granted in, and to, the Services and the Carsan Content.

License to the Services.
Except as otherwise provided in this Agreement, no part of the Services and no Carsan Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use, without our prior express written consent. On the condition that you comply with all your obligations under this Agreement, Carsan grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal use or your internal business purposes. Any use of the Services in excess of this license is strictly prohibited and constitutes a breach of this Agreement, which may result in the termination of your right to access and use the Services. Your access to the Services is provided on a temporary basis with no guarantee for future availability. We reserve the right to withdraw or modify any content or features we provide on the Services without notice.

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 Carsan promotional campaigns, you hereby grant to Carsan a worldwide, irrevocable, perpetual, 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. Carsan does not claim any ownership rights in any such content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such content. Carsan further reserves the right, but is under no obligation, to monitor, delete or modify any of your content that it deems offensive, defamatory, inappropriate, advertising, illegal, off-topic or otherwise violates this Agreement.

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), please contact us (213) 802 18 15 or support@carsan.com


Disclaimers, Warranties and Limitations of Liability

Disclaimers.
Carsan enables vehicle sharing between Owners and Drivers. Carsan does not provide vehicle rental services. Carsan is not responsible for any of the acts or omissions of any third party, including, without limitation, the users of its Services, vehicle manufacturers, or any third-party service provider.

The Services are provided "as is" without warranties of any kind, express or implied. To the extent permitted by applicable law, Carsan 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 trade usage.

Carsan makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Carsan makes no warranty regarding the quality of any listings, vehicles, Owners, Drivers, 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 Carsan 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 waive all rights you have to sue or make claims against Carsan and its respective affiliates, directors, officers, agents, or employees (collectively, the "Carsan Parties") and any Carsan user(except for transactions where the Owner provides their own commercial insurance or protection) 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 third party, or any personal injury or property damage suffered by you or any of your passengers, and, in the case of the Carsan Parties, any actions or inaction of the Owner. Neither Carsan nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary, or consequential damages, including, without limitation, lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, the use 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 any applicable Owner or Drivers pursuant to this Agreement including an approved payment request or claim under a protection package or applicable insurance policy, in no event will Carsan or its insurer's aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of the amounts you have paid or owe for bookings via the Services as a Driver in the twelve-month period prior to the event giving rise to the liability, or if you are an Owner, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or $100, whichever is higher.

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

Liquidated Damages for Services Abuse.
You acknowledge that the actual damages likely to result from using the Services to engage in unauthorized transactions (e.g., using Carsan to find a Driver or vehicle, and then completing a reservation or related transaction partially or wholly independent of Carsan, in order to circumvent the obligation to pay any Carsan Fees) are difficult to estimate and would be difficult for Carsan to prove. You will pay Carsan $2,500 as liquidated damages (and specifically not as a penalty) to compensate Carsan for any such conduct.

About the Carsan Platform.
Carsan is not a rental car company. It does not own a fleet of vehicles and is not in the business of renting vehicles to the public. Carsan is in the business of providing an online platform where Owners and Drivers can meet and share vehicles amongst themselves subject to this Agreement.

Carsan is neither an insurance company nor an insurance agent. Carsan has obtained commercial liability and physical damage insurance to cover transactions through the platform to the extent required by applicable law. If you receive protection under our insurance, coverage is provided by a third-party insurer, and you agree to cooperate with the insurer regarding any claim made by you or involving you or your vehicle.

In California and Florida, any personal insurance you may have that covers damage to the owner's vehicle would kick in before your Carsan protection plan.When booking a car in California and Florida, you'll choose between two protection plans — Standard, or Minimum — to get the level of coverage that's right for you. With each plan, you're covered with third-party automobile liability insurance provided under a policy issued to Carsan by United Specialty Insurance Company.

Non-Discrimination and Non-Harassment Policy.
Carsan users agree to treat all fellow users with dignity and respect. If you have a dispute regarding a transaction that you cannot resolve amicably, you will contact Carsan to assist with resolving the dispute. You will not harm or threaten to harm Carsan users and will refrain from any of the following conduct:

- treating anyone differently based on any personal characteristics including, without limitation, their race, religion, gender, nationality, or sexual orientation. Discrimination of any kind is not tolerated;

- "stalking" or harassing any other Carsan user or collecting or storing any personally identifiable information about any other user other than for purposes of transacting as an Owner or Driver in accordance with this Agreement;

- engaging in physically or verbally abusive or threatening conduct; or

- transmitting, distributing, posting, or submitting any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers.

While we may take actions to verify Owner identities and descriptions and information regarding vehicles available via the Services, Carsan does not endorse any Owners or their background, any Owner content, or vehicles made available for use. You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth, or accuracy of any user content, or other services or transactions available via the Service.

Use of a Third Party to Process Payments.
When you pay for our Services, Carsan uses a third-party payment processor (currently Clover Network, LLC) to process your credit card and/or debit card payments. We do not retain or use your account number for any purpose other than collecting, through Clover payment for the Carsan Services. We share personal information related to your transaction with Clover, including your name, address, payment card account number, CID and expiration date and the amount of your payment(s). By paying for our Services using your payment card, you consent to our transmitting this personal information to Clover and to Clover's affiliates, using it, and any additional information that Clover may collect directly from you (including through cookies or similar means) in accordance with their privacy policy, which you can view at https://www.clover.com/privacy-policy

Text and Telephone Communications with You.
In order to contact you more efficiently, we may at times contact you via phone or email, or using text messages or autodialed or prerecorded messages at your telephone number(s). We may place such calls or texts to confirm your signup; remind you of upcoming reservations, provide notices regarding your account or 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 text messages and autodialed or pre-recorded message calls 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 minutes, text message and data charges may apply. Your mobile carrier is not liable for deleted or undelivered messages. Message frequency varies. Message and data rates may apply. Consent is not a condition of purchase and can be revoked at any time.

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

Applicable Law.
The validity, interpretation and construction of this Agreement will be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

Exclusive Venue.
You agree that (a) if you elect to opt out of arbitration or (b) with respect to any dispute not resolved pursuant to the Arbitration Provision, the exclusive venue for any dispute between the parties to this Agreement shall be a local, state or federal court situated within the city of Dover and/or Kent County, Delaware.

Termination.
You may discontinue your use of the Services and Carsan may terminate your access to the Services and remove any listings for any reason or no reason to the maximum extent permissible under applicable law. Termination of access to the Services will not release either party from any obligations incurred prior to the termination. Carsan may retain and continue to use any information, including but not limited to photography, 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 terms will survive any termination of this Agreement.

No Transfer or Assignment.
Except as otherwise provided herein, Drivers and Owners agree that nothing in this Agreement constitutes an actual or purported transfer or assignment of any right or interest in a vehicle shared through the Carsan Services.

Miscellaneous.
This Agreement states the entire understanding between you and Carsan concerning your access to and use of the Carsan 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 written consent of the Carsan. You will remain responsible for your obligations hereunder in any event. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. Carsan's director or officer must agree to any modification or waiver of any term of this Agreement in writing. Carsan's failure to exercise any right under this Agreement will not constitute a waiver of any other right Carsan may have. Headings are for reference purposes only and do not limit the scope or extent of such Section.

2. Additional Terms Applicable to Vehicle Owners

This section also applies if you share your vehicle through the Carsan Services:

You must always use your account and the Services in compliance with this Agreement, applicable law, regulations, and ordinances, and all other policies and standards provided to you by Carsan. As an Owner, you commit that you will, at the time indicated on every applicable reservation of your vehicle, provide the reserved vehicle to a Driver. Each vehicle you register on the Services must meet the following minimum eligibility requirements (the "Vehicle Eligibility Requirements"):

The vehicle must be in safe mechanical condition with all manufacturer-recommended maintenance having been performed and with no open recalls that have not been properly repaired by a qualified mechanic.

The use of after-market safety monitoring devices is not permitted in Carsan vehicles. This includes, but is not limited to, GPS tracking devices, cameras, and general vehicle security systems. If an after-market safety monitoring device (other than an Carsan device) is found in your vehicle at any point, your vehicle will no longer be eligible for sharing through the Carsan Services.

The vehicle must be legally registered and insured, to the extent required by law, with a clean, non-salvaged, non-washed, and non-branded title. If the vehicle does not have a clean, non-salvaged, non-washed, and non-branded title, it is not eligible to be shared through the Carsan Services and will not be eligible for physical damage coverage under Carsan's protection plans to the extent allowed by law.

You acknowledge that it is your sole responsibility to ensure that your vehicle meets the minimum requirements set forth above. These minimum requirements are further detailed below. You also acknowledge that Carsan, in Carsan's sole discretion, may (but is under no obligation to) review or inspect any vehicle or information about such vehicle that you register to assess whether the minimum requirements have been met.

In connection with your use of the Services, you agree that you will not engage in any of the following prohibited conduct:

- violate any law, including, without limitation: any local, state, or federal law or regulation, or any order of a court, including, but not limited to licensing, reporting and registration requirements; insurance and financial responsibility laws; airport regulations; and tax reporting and payment requirements;

- post false, inaccurate, misleading, defamatory, or libelous content regarding us, the Services provided, or other users;

- list or provide to a Driver any vehicle that you do not yourself own or have express authority from the owner to share;

- list or provide to a Driver any vehicle that may not be shared for compensation pursuant to the terms and conditions of an agreement with a third party. For example, if your vehicle is subject to a lien, a lease, or a financing agreement, permitting such vehicle to be used by users of the Services (including use without physical damage coverage) may violate the terms of such lien, lease, or financing agreement. You must review any applicable agreement to determine whether sharing the vehicle would violate such agreement;

- list or provide to a Driver any vehicle that has a salvaged, branded, washed, or unclean title or that is not safe and legally registered to be driven on public roads;

- list or provide to a Driver a vehicle that requires manufacturer-recommended maintenance or is subject to a safety recall without having completed the manufacturer-recommended repair for such maintenance or recall;

- submit a damage or insurance claim, or respond to a claim, with false or misleading information;

- submit any vehicle listing with false or misleading information, or submit any listing with a price that you do not intend to honor; or

- register for a Carsan account on behalf of an individual other than yourself.

Information Given at Registration.
When you sign up for Carsan, you will identify passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet our Vehicle Eligibility Requirements. You may only use the Services in connection with vehicles that you own and have all the necessary rights and express permissions to share for compensation.

Vehicle Availability.
Once a trip is booked, Carsan must make the vehicle available or deliver the vehicle as expected by the Driver. If Carsan offers the Driver the option to pick up a vehicle at a specified location, Carsan must list the location of the vehicle accurately on the platform and ensure that the vehicle is available at that location at the beginning of the reservation period.

Trip Fees.
For certain reservation locations, we may set the trip fee amount.

Owner's Earnings.
Owner's earnings may vary from 60% to 80% from Gross Rental Revenue depending on the vehicle value.

Gross rental revenue included: rental rate, unlimited mileage extras.

Gross rental revenue excluded: cleaning fees, smoking fees, delivery fees, ticket/tools, extras (exclude unlimited mileage)

Additional Fees.
*Delivery: vehicle delivery fee is $120, with the distance is up to 15 miles from Carsan location. Each extra mile is $5.

*Parking fee: parking fee begins after the 3rd day of service/repair alert, if approval didn't receive from the owner. Or on the next day when the agreement between Carsan and the owner ends.

Your Vehicle Must be Regularly Inspected and Maintained. You are required to list your vehicle on Carsan without any maintenance issues that could impact safe operations. 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, registration and safety requirements. You will only list vehicles with a clean, non-salvaged, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked after a recall notice has been issued. In addition, if Carsan believes that your vehicle does not conform to the Vehicle Eligibility Requirements and any other reasonable standards, Carsan reserves the right to remove or decline listing your vehicle until those concerns have been resolved. Carsan may, at its discretion, undertake efforts to review the safety of vehicles booked through the platform.

Turo's Vehicle Protection Plan
All Turo trips include coverage under Turo's Vehicle Protection Plan with a $2,500 deductible (90 plan). The owner agrees that their vehicle on Turo will be covered by the ""90 plan"" protection plan and accepts all provisions of this Turo protection plan.

For claims exceeding $2,500, Carsan covers the deductible upon resolution through Turo. However, Carsan does not cover the deductible if the vehicle is declared a total loss.

Claims below $2,500 may be settled directly with the guest to avoid the deductible, with Turo's intervention as a last resort.

If the claim amount is less than $2,500, Carsan will partially cover the deductible up to $2,000 in case of resolution with Turo.

Carsan covers the deductible only if the car is repaired at Carsan’s partner facilities.

Safety Recall Obligations.
If you have received notice of a safety recall on your vehicle, you must not make the vehicle available on the Services until the safety recall repair has been made. If you receive a notice of a safety recall while your vehicle is on the Services, you must notify us and remove the vehicle from the Services as soon as practically possible until the safety recall repair has been made. If you receive a notice of a safety recall while your vehicle is on the Services and it is being used by a Driver, you must notify Carsan about the safety recall as soon as practically possible, and, after your vehicle has been returned, remove your vehicle from the Services until the safety recall repair has been made.

Light Maintenance Services and Safety Review Authorization.
Carsan is under no obligation to conduct a safety review of your vehicle. However, if Carsan does so, you also authorize Carsan to undertake certain light maintenance services to ensure your vehicle is in safe operating condition. Specifically, you authorize Carsan to check and fill your vehicle tires to the manufacturer recommended PSI level and to check and top off windshield wiper fluid if it is too low. You also authorize Carsan to check engine oil levels, coolant levels, and any other essential fluid levels. In case of urgent situations you authorized Carsan to make small repairs with a limitation of $300 per repairable item. If a damage claim occurs and Owner's vehicle is covered by the Carsan protection plan, or any Car sharing platform protection plan, the vehicle will be repaired at a certified repair facility chosen by Carsan. Carsan may declare your vehicle unfit for the Carsan platform until you remedy any applicable issues.

Telematics Devices.
To the extent permitted by applicable law, you authorize Carsan to monitor any Drivers' use of your vehicle through remote tracking and telematics devices. This may include the temporary installation of a telematics device into your vehicle's on-board diagnostic port ("OBD-II") while your vehicle is listed on the Carsan platform. If you already have a device installed in your OBD-II port, the previously installed device may be removed by Carsan during the time that your vehicle is listed on the Carsan platform. Carsan is not responsible for any issues or losses of discounts or incentives associated with insurance or other services that may be affected due to the disconnection of your previously installed OBD-II device. It is your sole responsibility to inform any applicable third party that may need to know about the temporary sharing of your vehicle with the previously installed OBD-II device. Carsan will undertake reasonable efforts to ensure that the Carsan-installed OBD-II device is removed from your vehicle after your vehicle is no longer listed on the Carsana platform. However, as part of your post-listing inspection, please check to ensure that the Carsan-installed OBD-II device is no longer installed and inform Carsan is the OBD-II device was inadvertently left in your vehicle after the vehicle was removed from the Carsan platform.

Infotainment Data.
If a Driver of your vehicle accesses the infotainment system in your vehicle and neglects to remove any personal data (e.g. contacts, saved addresses, phones connected via Bluetooth), you promise not to access and will delete such data.

Photographic Images.
You alone are responsible for using the images in connection with your Carsan listing. You warrant that you are the rightful owner of any images you post and are allowed to use them. You will cease using the images if they no longer accurately represent your vehicle. All intellectual property rights to any material you have provided through the Services shall remain your sole and exclusive property. You grant Carsan and its service providers worldwide, irrevocable, perpetual, 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 material for activities related to providing Services under this Agreement.

You hereby acknowledge that Carsan 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 all rights to royalties or moral rights you may have in the images as it may pertain to the use of the images on the Services.

Incident Reporting.
Please inspect the vehicle promptly upon return. If you believe that a Driver has caused any damage to your vehicle, you are required to report that damage to us as soon as you become aware of it and no later than seven days after the end of the reservation. You agree to make the vehicle available for inspection and to cooperate in the investigation of the damage. Based on the investigation, we or our insurer will reasonably determine whether the damage occurred during the reservation period. Any incident not involving damage covered by insurance (e.g. damage to interior not caused by an accident) will be evaluated by Carsan to determine whether the Driver should be financially responsible. Any loss subject to insurance coverage (e.g. damage from a covered collision) will be reviewed by the insurer providing coverage in accordance with the terms and conditions of any applicable insurance coverage. If Carsan is not given prompt notice as described in this paragraph, or if you do not cooperate in the investigation by the insurer, we may not be able to determine the cause. In that case, you agree that we and our insurer may decline any financial responsibility for such damage.

Physical Damage.
During each reservation period, your vehicle may be eligible for coverage under commercial insurance procured by us from our insurer. In order for your vehicle to be eligible for coverage under our insurance, you must comply with the requirement in this Agreement that your vehicle must have a clean, non-salvaged, non-washed, and non-branded title. If you do not comply with this requirement, your vehicle will not be eligible for coverage under our insurance to the extent allowed by law. In the event of a loss that is eligible for coverage under our insurance, Carsan, our insurer and its adjusters will, at their option, pay you either the reasonable and actual expenses of repair of the vehicle or the actual cash value ("ACV") of your vehicle if the expected repair costs are high enough that the insurer elects to pay ACV. If the insurer chooses to pay you the ACV for your vehicle, you will be required to transfer title to the vehicle to the insurer or its agent. The standard for the vehicle's ACV will be as determined by the insurer in compliance with applicable law.

Personal Property & Wear and Tear Policy.
Carsan and our insurer(s) are not responsible for any personal property, including any aftermarket installations that are taken from your vehicle or damaged during a reservation 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 in connection with your participation in the Services. Carsan, our insurer(s), and/or any Drivers of your vehicle are not responsible for, and will not reimburse you for, normal wear and tear to your vehicle. You acknowledge the following is defined as "normal wear and tear" when using the Carsan Services. Carsan reserves the right to modify the definitions of "normal wear and tear" upon posting of such changes in this Agreement. "Normal wear and tear" includes the following:

-Vehicle Paint, Body and Bumper Wear: Vehicle paint, scratches, and bumper wear as a depression or contouring on a single panel 3 inch or less in diameter.

- Tire Wear: Normal tire and rim wear as reduced tire tread and/or scuffs no longer than 1 inch in length on the tire's rim.

- Windshield and Windows: Over time, vehicle windshields and windows wear from normal use. Existing window cracks and scratches are especially susceptible to additional wear as a result of continued use. This additional deterioration is normal wear and tear.

- Interior Trim, Carpet, Upholstery, and Controls: Interior wear such as minor scuffs to interior surfaces that measure less than 3 inches in diameter. Carsan, our insurer(s), and any applicable Drivers are not responsible for dents or scratches to truck beds arising from using the truck bed for its intended use. Carsan, our insurer(s), and any applicable Drivers are not responsible for weathered or worn convertible top upholstery that is a result of normal exposure to the elements.

- Mechanical Wear: All vehicle mechanical systems (electrical, suspension, engine, brakes, and transmission) experience wear over the course of the vehicle's life. Owners are responsible for performing routine maintenance checks and keeping their vehicle in working order.

Other Insurance and Legal Matters.
Where permitted by law and where you are eligible for coverage under our protection plans, you hereby appoint Carsan as your representative for the purpose of filing insurance claims, receiving insurance payments, or otherwise administering an applicable insurance policy. You also hereby appoint Carsan as your representative to work with law enforcement, Drivers, or private entities to recover unreturned or impounded vehicles. You promise to maintain current and valid registration information and proof of insurance/financial responsibility in your vehicle during every reservation period. Carsan may obtain insurance through a third-party provider, or may choose to self-insure (meaning Carsan takes on all or part or all of the insurance obligations itself, subject to all applicable laws and regulations). You agree to provide Carsan with information regarding your personal auto insurance policy's coverage as may be requested. You must inform Carsan promptly in the event information previously provided changes.

Indemnification by Carsan or its insurer.
If you are eligible for coverage under Carsan's protection plan, in the event of any claim for a loss or injury that occurs during the use of your vehicle by a Driver or by Carsan itself, Carsan or our insurer(s) will defend and indemnify you against such claims as set forth in our insurance and as required by applicable law. In connection with any indemnifiable claim, you are required to give Carsan or our insurer(s) prompt written notice of the claim, allow Carsan sole control over the defense of the claim, and provide Carsan reasonable cooperation in its defense of the claim, at Carsan's expense. If Carsan or our insurer(s) 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. your personal auto insurance company or through court-ordered restitution), you must reimburse Carsan any monies received from that third party in an amount up to the funds provided to you by Carsan or our insurer(s).

Missing Vehicles.
If your vehicle goes missing, is not returned, or is stolen during the reservation period, you must immediately contact an Carsan representative and follow his or her instructions, including cooperating with Carsan, the police, and any other authorities related to the investigation of the theft.

Taxes and Fees.
As an Owner, you are responsible for determining your obligations to report and remit any applicable Federal, state, local or other taxes. You acknowledge that certain governmental entities may impose taxes and/or fees on your use of the Carsan Services and platform, including income taxes, which may require Carsan to collect tax information from you, withhold taxes from payouts to you, or both. If you fail to provide Carsan with documentation that we determine to be sufficient to relieve our obligation (if any) to withhold taxes from payouts to you, we reserve the right to freeze all payouts, withhold those amounts as required by law, or to do both, until resolution. It is your sole responsibility to comply with any tax requirements applicable to you. We encourage you to consult with your personal tax advisor, because each individual's situation is different. Where legally required, Carsan will include certain taxes and fees in the calculation of the total trip cost. Additionally, where legally required by marketplace facilitator law, marketplace provider laws, or other similar laws, Carsan certifies that it will collect and remit tax on behalf of an Owner, when applicable

Vehicle Removal.
If at any time Carsan requests that you remove your vehicle from Carsan's premises and you fail to do so, Carsan may tow your vehicle from Carsan's premises at your cost. Carsan is not liable for any damage that may occur during towing.

3. Additional Terms Applicable to Vehicle Drivers

This section also applies if you book a vehicle using the Services.

You agree that you will always use your account and the Services in compliance with this Agreement, applicable law, and any other policies and standards provided to you by Carsan. As a Driver, you commit that you are over the age of 18, will remain a legally licensed driver (with an fully valid, unrestricted license) who will reasonably operate and maintain any used vehicles, and will return the vehicle on time in essentially the same condition that you received it, subject to normal wear and tear. You will not permit any other person to drive a vehicle you use through the platform unless they are authorized by us as an approved Driver and they satisfy our age requirement and user criteria.

In connection with your use of or access to the Services, you agree that you will not engage in any of the following prohibited conduct:

- violate any local, state, or federal law or regulation, or any order of a court, including, but not limited to, driver licensing requirements;

- post false, inaccurate, misleading, defamatory, or libelous content related to us, the Services provided or other users;

- submit any false information, including, but not limited to name, date of birth, driver's license, credit card, insurance, or other personal information;

- book or drive any vehicle without a fully valid, unrestricted driver's license (Carsan reserves the right to reject any license subject to a graduated licensing law, including, without limitation, provisional, junior, probationary, or intermediate licenses);

- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

- use the Services to find a user, and then complete a transaction to share a vehicle partially or wholly independent of Carsan Services, in order to circumvent the obligation to pay any Carsan fees or for any other reasons;

- reserve a vehicle for any purpose other than your own personal use;

- reserve a vehicle to then engage in a separate sharing transaction for another user;

- transfer your Carsan account and/or user ID to another party without our consent;

- allow anyone other than an approved Driver with whom you are traveling to drive the vehicle you have booked.

Driver Responsibility for Vehicle Damage.
To the extent permitted by applicable law, you are liable for any loss of or damage to the vehicle, even if someone else caused it or the cause is unknown, whether due to theft, fire, hail, flood, collision, vandalism, or any other cause, subject to limitations imposed by the law of the jurisdiction where the vehicle is reserved. Your liability will extend to the full value of the vehicle, plus actual towing and storage charges, loss of use, and diminution in value (which is the difference between the value of the vehicle before the damage and the value of the vehicle after the damage, regardless of whether the vehicle is repaired or not), plus any out of pocket expenses incurred by us as a result of the loss of or damage to the vehicle, a reasonable administrative fee and pro-rata license plate fees, all as allowed by law. Carsan makes no representation that your personal insurance will cover any loss. You should check with your own insurance carrier. If you make unauthorized repairs to the vehicle, you agree to pay any cost to restore the vehicle to the condition of the vehicle at the time the reservation began. You agree to pay us any amount not covered by any insurance, credit, or charge card or other coverage you may have. However, your responsibility will not exceed those damages permitted by applicable law.

In the event that an Owner's personal automobile insurance policy does not provide physical damage coverage for a vehicle or the vehicle is not eligible for physical damage coverage under Carsan's protection plan because it does not have a clean, non-salvaged, non-washed, and non-branded title, and the Owner brings a claim against you for physical damage occurring during your use of the vehicle in compliance with this Agreement, Carsan or our insurer(s) will defend and indemnify you against such claim up to a limit of the actual cash value of the vehicle, less $500 if you are at fault for the damage. In connection with any indemnifiable claim, you are required to give Carsan or our insurer(s) prompt written notice of the claim, allow Carsan or our insurer sole control over the defense of the claim, and provide Carsan or our insurer reasonable cooperation in its defense of the claim, at Carsan's expense.

Fees.
You are responsible for paying all fees when they come due. You authorize Carsan to charge any payment methods or stored payment credentials associated with your account for all amounts due, including but not limited to, security deposits, processing fees, fees, fines/penalties, deductibles, and damages, and you furthermore 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 reservation period. You acknowledge that Carsan may require and hold a deposit as part of the reservation of a vehicle.

The base fees charged may include the following:

- The Shared Vehicle's Trip Price: This is the amount you see when you multiply the relevant trip rate advertised for that vehicle (e.g. $75/day) by the duration.

- Protection Fee: We may make additional protection options available, and this will represent the cost of any optional protection plan you choose.

- Damage Fee: We may impose a fee if the vehicle is damaged during the reservation period to cover the operational costs of managing the inspection and repair process.

- Fuel Costs: Unless your reservation confirmation provides otherwise, you must re-fill the gas tank to the same level as when you received the vehicle with the appropriate type of fuel for the vehicle (unleaded, diesel, etc.)and leave the fuel receipt with the return to avoid a refueling charge. If you do not return the vehicle with the same level of gas as described above, you will pay us a refueling service charge to compensate for the cost and service of refueling the vehicle. The refueling service charge is based on the estimated number of gallons needed to refill the tank top the same level multiplied by the rate per gallon listed on the reservation. A service charge may also be imposed to reflect the cost and time associated with refueling.

- Delivery Fee: If you request a vehicle that Carsan delivers to you, Carsan may opt to charge a fee for the delivery. The amount may vary based on the Vehicle listing settings, but the cost will be included with the full pricing breakdown when you book a trip.

- Young Driver Fee: We may charge a fee for young Drivers which will be identified at the time you make a reservation.

- Extras: Some Vehicle listings may offer additional amenities ("Extras") to their Drivers. The prices will differ depending on the Extra. Any Extra will be offered on an optional basis.

- Additional Expenses: You may be charged additional costs for excess mileage, violating any location limitations on vehicle usage, retaining the vehicle beyond the agreed duration, or for costs you incur which may be billed to the Driver such as parking tickets, camera detected violations, or tolls.

- Late return fees:
• 1-29 minutes late: No charge

• 30 minutes to 1 hour 59 minutes late: ½ the average daily trip price; $50 improper return fee may apply

• 2 hours or more late: Average daily trip price for 1 day + $20 late return fee; $50 improper return fee may apply

Before completing any reservation, you will be presented with the booked cost of your trip. This will reflect the full cost of your trip unless you incur additional expenses including excess mileage, parking tickets, extensions costs, cleaning fees, etc. based on your trip and whether or not you extend your trip.

Collection of Fees.
You authorize Carsan to process all charges in any way incurred by you in connection with any vehicle reservation. When you provide Carsan a payment method, you authorize Carsan, or any third-party service providers acting on Carsan's behalf, to store your payment credential for future use in the event you owe Carsan any money. You authorize Carsan to use stored payment credentials for balances, including but not limited to, trip costs, additional costs, fines and fees and related administrative fees. Carsan and its authorized representatives will 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. Carsan, 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. You hereby agree that all communication in relation to delinquent accounts may be made by electronic mail or by phone, as provided to Carsan by you. Such communication may be made by Carsan or by anyone on its behalf, including but not limited to a third-party collection agent. You promise to notify us if any of the credit cards you provided to us for payment are lost, stolen or invalidated, or if you suspect that any of them are being used without your permission.

Insurance.
Most Owners participating in Carsan cannot offer commercial liability insurance to you, so Carsan has obtained, via its affiliate, United Specialty Insurance Company, commercial insurance that provides liability insurance to you. In the unlikely event of a conflict or inconsistency between the explanation of insurance coverage in this Agreement or through the Services and the terms of the applicable insurance policy, the insurance policy language controls. You agree that in the event damage is reported, Carsan may immediately charge you up to the amount of any applicable deductible set forth in the responding insurance policy, if the damage equals or exceeds the deductible and to the extent permitted by applicable law. Nothing in this Agreement is intended to limit your responsibilities or Carsan's legal rights in connection with your use of the Services.

Returning the Vehicle.
You agree to return the vehicle to the designated location on the date and time listed at the time of booking, or sooner if we request. If you fail to return the vehicle or any equipment and accessories on time, you will be charged an additional use fee. Furthermore, we have the right to notify law enforcement, in accordance with applicable law, that the vehicle is stolen or missing if you fail to return it on the date and time due without contacting us. We also have the right to monitor any vehicle you use through remote tracking and telematics devices or otherwise. To the extent permitted by applicable law, we may also locate, disable, and repossess the vehicle at your cost and without notice to you if it is being used in violation of the law, illegally parked, apparently abandoned, overdue or is being used in breach of this geographic driving restriction of the reservation, the payment obligations or other terms of this Agreement.

Telematics Devices.
To the extent permitted by applicable law, you authorize Carsan to monitor your use of any vehicle you use through remote tracking and telematics devices, including through the use of an on-board diagnostic device ("OBD-II"). The OBD-II device may track the used vehicle's location, speed, hard braking, and other driving-related data. This data is collected by Carsan. Please note that the owner of the vehicle may also have the capability to track the location and use of the vehicle through means the owner controls and that Carsan does not facilitate, and you agree to not hold Carsan or any of its affiliates responsible for any issues, damages, or claims that may result from such.

Infotainment Data.

IF YOU CONNECT YOUR PHONE OR OTHER INTERNET-CONNECTED DEVICE (YOUR "DEVICE") TO A VEHICLE, YOUR PERSONAL CONTACTS, COMMUNICATIONS, LOCATION OR OTHER DIGITAL DATA MAY BE DOWNLOADED. PRIOR TO RETURNING A VEHICLE, YOU SHOULD ENSURE THAT YOU HAVE DELETED ALL PERSONAL INFORMATION FROM THE VEHICLE'S SYSTEMS THAT MAY HAVE BEEN COLLECTED FROM YOUR DEVICE. IF YOU FAIL TO DELETE SUCH INFORMATION, THAT PERSONAL DATA MAY BE ACCESSIBLE TO FUTURE DRIVERS AND/OR THE OWNER OF THE VEHICLE.

We are not Responsible for Lost Personal Property. Neither Carsan nor the vehicle Owner is responsible for any loss or damage to any of your or your passenger's property left, stored, or transported in or on the vehicle, our premises or in or on any other vehicle belonging to us. You agree to indemnify us and hold us harmless from any claim for loss of or damage to any personal property connected with the reservation.

Prohibited Uses of the Vehicle.
Car sharing is intended for use on public roads by the Driver using the vehicle. The vehicle may not be used:

- By anyone other than the Driver or other Drivers we expressly authorize. Additional Drivers may only be authorized by contacting us and receiving express authorization for that reservation;

- To push or tow anything, carry persons or property for hire, in a race, test, contest, or for training activity;

- For any illegal purposes, or in the commission of a crime;

- While under the influence of alcohol or drugs;

- To intentionally cause damage, or engage in willful, wanton or reckless misconduct;

- For operation other than on regularly-maintained hard surface roadways;

- Without use of seat belts and child restraint seats where required;

- To carry passengers in excess of the number of seat belts in the vehicle;

- Outside of any Carsan-imposed geographic driving restriction(if any)or outside the United States; or

- If it was obtained by fraud or misrepresentation.

Use of the Vehicle.
When you book a vehicle from an Owner through Carsan, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. you may not drive other passengers or property for a fee such as through Uber, Lyft, or other ridesharing platform). You may not access a vehicle until the beginning of your reservation 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 Carsan has any concern about your use of a vehicle, Carsan may terminate your reservation at any time and require the return of the vehicle, including recovering the vehicle on behalf of the Owner. You are required to wear seat belts during the operation of the vehicle and to require that passengers wear seat belts. You are also required to meet any laws or regulations concerning car seats and other protections for children. You will be fully financially responsible for any claims, loss, or damage related to your misuse of a vehicle, and your protection package may be voided. Drivers also acknowledge that using a vehicle in a prohibited manner may exclude the operation of the vehicle from coverage under Carsan's protection plan.

Condition of the Vehicle.
You understand that third parties own the vehicles offered through the Services. While each Owner is responsible for complying with all legal requirements and maintaining their vehicle(s) in safe and roadworthy condition, you should always complete a visual inspection before you begin your use of any 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 that pre-existing damage. If you find damage on your initial inspection and fail to report it, Carsan, third-party claims adjusters, or insurance carriers, may assume that the damage occurred during your reservation period. If, after your initial inspection, you have any reason to believe that the vehicle is not safe to drive, please do not use the vehicle and contact the Carsan team immediately at (213) 802-2815.

Incident Reporting.
Where you received or purchased a protection plan when booking your reservation via Carsan, you must immediately report any damage to the vehicle you are using to Carsan at support@carsan.com or (213) 802-2815. If there has been a collision, the incident should also be reported to the local authorities. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Carsan 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 Carsan, third-party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless the vehicle is safe to operate and you have the explicit permission from Carsan. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate protection plan coverage received via Carsan.

Laws Regarding Car Theft.
It may be considered a felony to fail to return a vehicle within a certain period of time after the reservation period has expired. The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the denial of insurance coverage:

- If you fail to return the vehicle you have booked at the time and place agreed upon with the Owner and/or designated in your reservation;

- If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Carsan system;

- If the vehicle is returned to any place other than the return location on the reservation or agreed upon with Carsan. Any damage to, loss or theft of vehicle occurring prior to Carsan inspecting the vehicle upon return at the end of the reservation is the Owner's responsibility;

- If you misrepresent facts to Carsan pertaining to booking, use, or operation of vehicle;

- If the vehicle's interior components are stolen or damaged when the vehicle is unlocked or keys are not secured during the reservation period;

- If you fail or refuse to cooperate with police, Carsan, or other authorities by refusing to provide a full report of any accident or vandalism involving the vehicle or otherwise failing to cooperate in the investigation of any accident or vandalism;

- If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver's license; whose driver's license becomes invalid during the reservation period; who has obtained the keys without permission of Carsan; or who misrepresents or withholds facts to/from Carsan material to the booking, use or operation of vehicle.

The primary Driver who books the reservation is responsible for any private investigation costs Carsan deems necessary to recover a vehicle that is not returned. In addition, a $200 case administration fee will be imposed on the Driver if Carsan and/or the Owner reports a vehicle as stolen to law enforcement due to it not being returned.

Repossession.
Carsan, a hired agent of Carsan or the Owner may repossess any vehicle booked through the Services without demand, at the Driver's expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or this Agreement.

Missing Vehicles.
If a vehicle you have booked through the Carsan Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to Carsan; 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 cooperate fully with the Owner, law enforcement, Carsan, and other authorities in all matters related to the investigation.

4. Additional Terms Applicable Non-Airport Location Users

Contactless Experience.
As an Carsan non-airport user, you will be required to pick-up and return your Carsan car at a site that may not have employees available on-site.

Pick-up/Return Location.
If you pick up your vehicle from a Carsan location, you must return the vehicle to the same designated location.

Carsan Location Access.
A Carsan vehicle may be equipped with a garage access sticker. If you return a vehicle without the designated garage access sticker, you will be susceptible to a $35 fine.