Terms & Conditions
Updated: December 15, 2018
PLEASE READ THIS AGREEMENT CAREFULLY. THEY CONTAIN 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.
Welcome to the Drift car sharing service. Drift is a peer-to-peer car sharing platform that connects owners with vehicles available for use by others with drivers seeking to borrow those vehicles for their individual transportation needs. Because Drift hopes that people will access the service share vehicles with other members, this Agreement applies to both vehicle owners and borrowers of shared vehicles. To facilitate car sharing, ANIHI Newco, LLC (“Drift, us, our, or we”) provides an online platform through the Drift mobile phone application, Drift’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.
Drift reserves the right, at its discretion, to modify this Agreement at any time. If you do not agree to this Agreement as modified, you must stop using the Services. 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, at our discretion, if you violate this Agreement.
Eligibility Requirements. Our Services are intended solely for persons who are 18 or older approved by us for membership on this platform. Any use of the Services by anyone under 18 is expressly prohibited. The Service are not available to any users previously removed from the Service by Drift unless we have given you written notice of reinstatement.
Registration. In order to access the Services, you must sign up for an account with us through our mobile phone application, at our website, or through any other means we offer.
Drift Membership Approval Process. When you initially sign up to either list or reserve a vehicle, you will provide us with certain information about yourself to enable us to verify your identity in order to become an approved community “Member” to use the Services. You promise to provide complete, true and correct information to Drift about yourself and your vehicle(s), if any. Where permitted, Drift has the right, but not the obligation, to undertake screenings designed to help verify or check the identities and/or backgrounds of owners, users and vehicles, including, without limitation, criminal background, driving history, driver’s license validity, and vehicle information. Drift may, in its sole discretion, use third-party services to verify the information you provide to us and to obtain additional information. We may make corrections to information you provide where appropriate. You hereby authorize Drift to request, receive, use, and store information relating to you. Drift, in its sole discretion, may accept or reject your application to become a Member.
Consumer Report Authorization. When you apply to become a Member, you are providing Drift with authorization in accordance with the Fair Credit Reporting Act and applicable state laws to obtain associated consumer reports including your credit report, motor vehicle records, prior insurance reports, and any other consumer reports relevant to identity verification and risk associated with your Drift membership. You also authorize Drift to conduct a background check, including a criminal background check where permissible under applicable law. In addition, you are authorizing Drift to obtain consumer reports and/or a background check at any time Drift reasonably believes there may be a need to obtain current information related to risk associated with your Drift membership.
Ongoing Contact and Information Updates. It is important that your information related to listed vehicles or for operating vehicles reserved through Drift remain current. You promise to update the information you have provided to Drift in the event of any changes to your driving record, contact information, or background. Drift may also 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 Drift account, whether or not you have authorized such activities or actions. You will immediately notify Drift of any actual or suspected unauthorized use of your Drift account. We are not responsible for any unauthorized access of your account.
Use of Drift for its Intended Permissible Only. You agree to use the Services only for their intended purposes and may not use them for any purposes beyond car sharing transactions. Specifically, you may not contact other Members for any purpose other than for issues related to a booking. You may not contact or solicit any other Member to join other services that are competitive to Drift. You may not interfere with the operation of the platform by engaging in disruptive or anti-competitive activity including, but not limited to: interfering with any other user’s listings; 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 our operations. In addition, you may not attempt to systematically retrieve information, data or other content from our Services.
Violations of these Terms. Drift has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of this Agreement to the fullest extent permissible by the law. Drift reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Drift, 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 Drift, our users, or Drift team members in any way or violating the letter or spirit of any 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/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 discretion to the full extent permitted under applicable law.
Terms Applicable to Vehicle Owners
This section also applies if you share your vehicle through the Drift 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 Drift. As a vehicle owner (“Owner”), you commit 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 guest user who is a Member (“Driver”).
In connection with your use of the Services, you agree that will not engage in any of the following prohibited conduct:
violate any law, including, but not limited to: 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 Members;
list or provide to a Driver any vehicle that you do not yourself own or have authority 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. If your vehicle is subject to a lease or financing agreement, you must review the agreement to determine whether sharing the vehicle would violate those terms;
list or provide to 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 is subject to a safety recall without having completed the manufacturer recommended repair for the subject of the 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 Drift account on behalf of an individual other than yourself.
Information Given at Registration. When you sign up for Drift, you will identify passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet our Eligibility Requirements. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation.
Vehicle Availability. Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the Driver. If you offer the Driver the option to pick up your vehicle at a specified location, you 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. If we do not determine the trip fee amount, you will have the ability to set the vehicle’s pricing as you choose. Drift will pay you the amount collected from those who book your vehicle, less the applicable fees payable to Drift. To the extent you owe Drift money for any reason, Drift reserves the right to deduct those amounts from your payment.
Your Vehicle Must be Regularly Inspected and Maintained. You are required to regularly check your vehicle for 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 Drift believes that your vehicle does not conform to reasonable standards, Drift reserves the right to remove or decline listing your vehicle until those concerns have been resolved. Drift may, at its discretion, undertake efforts to review the safety of vehicles booked through the platform.
Incident Reporting. Please inspect the vehicle promptly upon return by a Driver. 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 7 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 Drift to determine whether the borrower should be financially responsible. Any loss subject to insurance coverage (e.g. damage from a collision) will be reviewed by the insurer providing coverage in accordance with the terms and conditions of any insurance policy purchased by Drift and/or any optional insurance coverage you purchase. If Drift 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 will be eligible for coverage under commercial insurance procured by us from our insurer, unless you decline our insurance. In the event of a loss that is eligible for coverage under our insurance, Drift, its insurer, and/or 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.
Damage Exclusions. Drift and its insurers 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. Neither Drift nor its insurer will reimburse you for normal wear and tear to your vehicle.
Other Insurance and Legal Matters. Where permitted by law and where you are eligible for coverage under our insurance, you hereby appoint Drift as your representative for the purpose of filing insurance claims, receiving insurance payments, or otherwise administering an applicable insurance policy. You also hereby appoint Drift 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. Drift may obtain insurance through a third-party provider, or may choose to self-insure (meaning Drift takes on all or part or all of the insurance obligations itself, subject to all applicable laws and regulations). You agree to provide Drift with information regarding your personal auto insurance policy’s coverage as may be requested. You must inform Drift promptly in the event information previously provided changes.
Indemnification. If you are eligible for coverage under our insurance, in the event of any claim for a loss or injury that occurs during the use of your car by a Driver or by Drift itself, Drift or its insurers will defend and indemnify you against such claims as set forth in our insurance policy and as required by applicable law. In connection with any indemnifiable claim, you are required to give Drift or its insurer prompt written notice of the claim; allow Drift sole control over the defense of the claim; and provide Drift reasonable cooperation in its defense of the claim, at Drift’s expense. If Drift or its insurers 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 Drift any monies received from that third party in an amount up to the funds provided to you by Drift or its insurer.
Missing Vehicles. If your vehicle goes missing, is not returned or is stolen during the reservation period, you must immediately contact a Drift representative and follow his or her instructions, including cooperating with Drift, the police, and any other authorities in all related to the investigation of the theft. You must file a police report within 24 hours of learning the vehicle has been stolen or is missing.
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 Drift. As a Driver, you commit that you are will remain a legally licensed driver who will reasonably operate and maintain the vehicle and will take all reasonable measures to return the vehicle on time in essentially the same condition that you received it. You will not permit any other person to drive a vehicle you receive through the platform unless they are authorized by us as an approved Driver and they satisfy our age requirement and Member 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 Members;
submit any false information, including, but not limited to name, date of birth, drivers license, credit card, insurance, or other personal information;
book or drive any vehicle without a valid driver’s license;
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 Member, and then complete a transaction to share a vehicle partially or wholly independent of Drift Services, in order to circumvent the obligation to pay any Drift fees or for any other reasons;
reserve a vehicle for any purpose other than your own personal use; reserving a vehicle to then engage in a separate sharing transaction for another user is expressly prohibited;
transfer your Drift 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. 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. Your personal insurance may or may not 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.
Fees. You are responsible for paying all fees when they come due. You authorize Drift 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 Drift may require and hold a deposit as part of the reservation of a vehicle.
The base fees charged may include the following:
The Shared Car's Trip Price: This is the amount you see when you multiply the relevant trip rate advertised for that vehicle (e.g. $50/day or $8/hour) by the duration. Vehicles may offer an hourly rate for short-term usage and daily rates where usage will extend beyond 24 hours.
Protection Fee: We may make additional protection options available, and this will represent the cost of any optional protection plan you choose. Drift currently provides a base level of protection which is included in the Trip Price.
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 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 car that the Owner delivers to you, the Owner may opt to charge a fee for the delivery. The amount may vary based on the Owner's 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 owners may offer additional amenities (“Extras”) to their Drivers. The prices will differ depending on the Extra and the owner. 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 vehicle owner such as parking tickets, camera detected violations, or tolls.
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 Drift to process all charges in any way incurred by you in connection with any vehicle reservation. When you provide Drift a payment method, you authorize Drift, or third-party partners acting on Drift’s behalf, to store your payment credential for future use in the event you owe Drift any money. You authorize Drift to use stored payment credentials for balances, including but not limited to, trip costs, additional costs, fines and fees and related administrative fees. Drift 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. Drift, 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 Drift by you. Such communication may be made by Drift 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 lost, stolen or invalidated, or if You suspect that any of them are being used without Your permission.
Insurance. Most vehicle owners participating in Drift cannot offer commercial liability insurance to you, so Drift has obtained, via its affiliate Allstate Insurance Company, a commercial insurance policy that provides liability insurance to you. In the unlikely event of a conflict or inconsistency between the explanation of insurance coverage in these Terms 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, Drift may immediately charge you up to the amount of any applicable deductible set forth in the insurance policy. Nothing in these Terms is intended to limit your responsibilities or Drift’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 few. Furthermore, we have the right to notify law enforcement 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 the vehicle through remote tracking devices or otherwise and 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.
We are not Responsible for Lost Personal Property. Nether Drift 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 to use on public roads by the Member borrowing the vehicle. The vehicle may not be used:
By anyone other than the Member or other Driver we 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 restrain seats where required;
To carry passengers in excess of the number of seat belts in the vehicle;
Outside of any Owner imposed geographic driving restriction 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 Drift, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers or property for a fee such as through Uber or Lyft). 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 Drift has any concern about your use of a vehicle, Drift 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 the insurance policy. Please see the terms of the insurance policy for detail.
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 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, Drift, third party claims adjusters, or insurance carriers, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle and contact the Drift team immediately at 877-447-9403.
Incident Reporting. Where you received or purchased insurance coverage when booking your reservation via Drift, you must immediately report any damage to the vehicle you are using to Drift at firstname.lastname@example.org or 877-447-9403. If there has been a collision, the incident should also be reported to the local police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Drift 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 Drift, 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 Drift. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate insurance coverage received via Drift.
State 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 Drift system;
If vehicle is returned to any place other than the return location on the reservation or agreed upon with the owner. Any damage to, loss or theft of vehicle occurring prior to the Owner inspecting the vehicle upon return at the end of the reservation is the Owner’s responsibility;
If you misrepresent facts to the Owner pertaining to booking, use, or operation of vehicle;
If the vehicle’s interior components are stolen or damaged when vehicle is unlocked or keys are not secured during the reservation period;
If you fail or refuse to cooperate with the Owner, police, Drift, 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 the Owner; or who misrepresents or withholds facts to/from the Owner or Drift material to the booking, use or operation of vehicle.
The primary Driver who books the reservation is responsible for any private investigation costs Drift deems necessary to recover a vehicle that is not returned. In addition, a $200 case administration fee will be imposed on the Driver if Drift and/or the Owner reports a vehicle as stolen to law enforcement due to it not being returned.
Repossession. Drift, a hired agent of Drift 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 these Terms.
Missing Vehicles. If a vehicle you have booked through the Drift Services goes missing and/or is stolen during the reservation period (or extension period), you, must immediately return the original ignition key to the Owner; 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, Drift, and other authorities in all matters related to the investigation.
Non-Discrimination and Non-Harassment Policy
Members agree to treat all fellow Members with dignity and respect. If you have a dispute regarding a transaction that you cannot resolve amicably, you will contact Drift to assist with resolving the dispute. You will not harm or threaten to harm Members of our community and will refrain from any of the following conduct:
treat 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 in the Drift community.
“stalk” or harass any other Drift user or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Owner or Driver in accordance with these Terms;
engage in physically or verbally abusive or threatening conduct; or
transmit, distribute, post, or submit 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, Drift 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 Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth, or accuracy of User Content, or other services or transactions available via the Service.
DISPUTE RESOLUTION – ARBITRATION PROVISION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND DRIFT HAVE AGAINST EACH OTHER ARE RESOLVED.
If you have any issues, please contact Drift’s customer support team at email@example.com. If Drift is unable to resolve that or any issue it has with you, you and Drift 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 proceeding. Additionally, you and Drift 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 Drift.
IMPORTANT: You and Drift 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 Drift 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 Drift agree to arbitrate all disputes and claims (except for the enforceability or arbitrability of the Arbitration Provision) 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.
If you would like to arbitrate, you must first send, by mail, a written notice of dispute (a “Dispute Notice”) to Drift. Any Dispute Notice to Drift must be sent to:
Drift Car Sharing Service
Attn: Legal Intake Unit
2775 Sanders Road
Northbrook, IL 60062
The Dispute Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Drift and you do not reach an agreement to resolve the claim within 60 calendar days after the Dispute Notice is received, you or Drift may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Drift or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Drift is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) 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. Most issues are for the arbitrator to decide; however, issues relating to the enforceability or arbitrability of the Arbitration Provision are decided by courts.
C. Location and Procedure:
Unless Drift 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.
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, Drift 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 Drift prevails, Drift 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 waive your right to all other available resolution processes, you may opt out of this mandatory arbitration and class action waiver provision by notifying Drift 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 ArbitrationOptOut@Drift.com.
Service Content and Intellectual Property
Photographic Images. You alone are responsible for using the images in connection with your Drift 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 Drift and its service providers a royalty-free, non-exclusive, non-sublicensable and non-transferable license to use, copy, reproduce, modify, make available and distribute such material for activities related to providing services under this Agreement.
You hereby acknowledge that Drift 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.
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 Drift promotional campaigns, you hereby grant to Drift 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. Drift 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.
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 Member is violating your copyright(s), please contact us 877-447-9403 or firstname.lastname@example.org.
Disclaimers, Warranties and Limitations of Liability
Disclaimers. Drift enables vehicle sharing between Owners and Drivers. Drift does not provide vehicle rental services. Drift 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, Drift 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.
Drift 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. Drift 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 Drift 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 Drift and its respective affiliates, directors, officers, agents, or employees (collectively, the “Drift Parties”) and any Drift Member (except for transactions where the Owner provide 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, any personal injury or property damage, suffered by you or any of your passengers, and, in the case of the Drift Parties, any actions or inaction of the Owner. Neither Drift 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 Drift 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. To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Drift 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 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/Contract Penalty for Services Abuse. You acknowledge that the actual damages likely to result from using the Services to engage in unauthorized transactions (e.g., using Drift to find a Driver or vehicle, and then completing a reservation or related transaction partially or wholly independent of Drift, in order to circumvent the obligation to pay any Drift Fees) are difficult to estimate and would be difficult for Drift to prove. You will pay Drift $2,500 in Liquidated Damages to compensate Drift for any such conduct.
About the Drift Platform. Drift 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. Drift 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 this Agreement.
Drift is neither an insurance company nor an insurance agent. Drift has obtained a commercial liability and physical damage insurance policy to cover transactions through the platform. If you receive protection under this policy, your coverage is provided by a third-party insurance company, and you agree to cooperate with the insurance regarding any claim made by you or involving you or your vehicle.
Text and Telephone Communications with You. In order to contact you more efficiently, we may at times contact you using text messages or autodialed or prerecorded message 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 minute, text message and data charges may apply. Your mobile carrier is not liable for delated or undelivered messages. Drift will obtain your consent for such communications, and you may choose to revoke your consent.
No Agency. Drift 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 Drift, and Drift will not make commitments on your behalf, except as contemplated by Services or expressly stated in this Agreement.
Applicable Law. You agree with respect to any dispute not resolved pursuant to the arbitration provision, the validity, interpretation and construction of this Agreement will be governed by the laws of the State of Illinois without regard to its conflict of law provisions and that the exclusive jurisdiction and venue for any dispute between the parties to this Agreement shall be limited to a local, state or federal court situated within the city of Chicago and/or Cook County, Illinois.
Termination. You may discontinue your use of the Services at any time and Drift 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. Drift 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 Drift Services.
Miscellaneous. This Agreement states the entire understanding between you and Drift concerning your access to and use of the Drift 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 Drift. 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. A Drift Director or Officer must agree to any modification or waiver of any term of this Agreement in writing. Drift’s failure to exercise any right under this Agreement will not constitute a waiver of any other right Drift may have. Headings are for reference purposes only and do not limit the scope or extent of such Section.