The terms and conditions set forth below ("Terms") apply to and control the relationship between the Genesis retailer including its subsidiaries and affiliates, and their respective officers, directors, employees, and agents, along with third party service providers and/or independent contractors or otherwise any related party ("Related Parties") that participate in the provisioning and execution of services defined below, on the one hand, and the customers ("Customer") who use the services described below and on the website linked to these Terms, on the other hand.
NOTE: CUSTOMERS WHO AVAIL THEMSELVES OF SERVICE(S) THAT REQUIRE THE CUSTOMER TO DRIVE OR RIDE IN ANY VEHICLE OWNED, LEASED OR OTHERWISE PROVIDED BY THE GENESIS RETAILER, AGREE, IN ADDITION TO THESE TERMS, TO THE RELEASE, ASSUMPTION OF LIABILITY, AND REPRESENTATIONS FURTHER SET FORTH BELOW, INCLUDING ANY EXTENDED INDEMNIFICATION TERMS CONTAINED THEREIN.
By clicking on the box labeled "I Agree to the Terms and Conditions" prior to reserving Service(s), Customer agrees to be bound by the Terms and the Release (where appropriate) contained herein.
The Genesis Retailer linked to these Terms, together with any third party service provider(s) and other independent contractor(s) that participate in the provisioning and execution of Service(s), provide services that consist of driving and delivering (i) Customers' vehicles to and from the Genesis Retailer to enable service of the vehicle at the Dealer location; (ii) dealer loaner vehicles to and from Customer locations, (iii) pre-sale, dealer vehicles to and from Customers location for offsite test driving, and (iv) Customer vehicles to and from the Dealer location for trade-in evaluation. (Hereinafter, these services, individually or collectively, are referred to as "Service(s)".)
The drivers performing Service(s) pursuant to these Terms may either be Genesis Retailer's employees, a third party vendor's employees, or independent contractors ("Drivers"). The party provisioning Drivers uses commercially reasonable efforts to require all drivers, whether independent contractors or employees, performing Service(s) under these Terms(i) to execute either a US Federal W-9 form or I-9 Form, as the case may be, (ii) have a valid social security number, and (iii) be employed by Genesis Retailer as a full or part-time employee or be subject to an agreement executed between Genesis Retailer and any third party vendor or an independent contractor agreement, which contain provisions stating in the affirmative and representing that such personal driver has the necessary insurance and relevant licenses and permits prior to providing Service(s) pursuant to this Agreement. Fees for Service(s) ("Fees") may be charged to, and the obligation of, the Genesis Retailer or the Customer, depending on the arrangement made between the Genesis Retailer and its customer. In the event fees are the obligation of the Customer, Customer shall have clear and sufficient notice of the scope of Service(s) to be provided and the total amount due for Service(s) to be rendered, not including any reimbursement for charges incurred while performing Service(s). If the Customer is responsible for payment of fees, the total amount due must be paid in full when services are ordered. Not included in the Fees described above may be additional charges incurred by Genesis Retailer while performing Service(s). Customer agrees to reimburse Genesis Retailer for any such charges, which include, but are not limited, to: (i) fuel costs if the Driver, in his or her sole discretion, concludes that based on the vehicle's fuel gauge reading, the vehicle has insufficient fuel to reach the desired destination point; (ii) towing or other emergency roadside expenses resulting from mechanical failure of the vehicle; and (iii) toll, parking and valet charges. These Terms only govern the Service(s) rendered by a Driver, whether Service(s) are performed using Customer's vehicle, the Genesis Retailer's vehicle, or a third party's vehicle. In the event an Genesis Retailer Driver delivers and/or returns a loaner vehicle to or from the Customer for use while the Customer's vehicle is being serviced, Customer must execute an additional loaner agreement, which is between Customer and the Genesis Retailer only, and such agreement shall govern the use of loaner vehicle at all times while in the Customer's possession. Customer hereby authorizes, represents, and warrants to Genesis Retailer that on the date of Service(s):
a. Customer authorizes Driver to drive Customer's vehicle and perform Service(s) pursuant to these Terms;
b. Customer is the rightful owner, lessee or caretaker of the vehicle identified in the reservation, where appropriate;
c. The registration, license tags, and insurance for Customer's vehicle is current, and the vehicle is insured at least to the minimum amounts required by state law;
d. Customer's vehicle is maintained in good working condition and in compliance with applicable laws and has no defects or conditions that may cause the vehicle to be unsafe to drive;
e. No contraband, substance or other items which are illegal for public transport are concealed or within Customer's vehicle;
f. The credit card or debit card information provided to Genesis Retailer, if any, is true and correct, and that Customer has the right, power and authority to pay for Service(s) by such credit card or debit card;
g. Customer is 18 years of age or older and has the right power and authority to enter into these Terms; and
h. Customer will pay for any required fuel, towing, tolls, parking and valet charge incurred by the Driver while performing Service(s) pursuant to these Terms.
Genesis Retailer represents, warrants and agrees: (i) that it is a state registered legal entity (for example, a corporation, limited liability company, or other legal entity) in good standing and has the right power and authority to enter into these Terms and to perform its obligations hereunder; (ii) to perform all of the Service(s) in compliance with all applicable laws, rules and regulations; and (iii) that it, or the Related Parties with which it has contracted to perform Services, has and maintains the minimum insurance policies required by law to offer, perform and execute Service(s) pursuant to this Agreement. Genesis Retailer and Related Parties reserve the right to refuse to provide the Service(s) to Customer or to any other person if, in the Driver's sole discretion, such service would be unsafe because: (a) Customer or such other person is armed, belligerent, violent, verbally or physically threatening or abusive; (b) the vehicle is unsafe to drive; or (c) any other facts or circumstances relevant to the Driver's safety, as determined in his or her sole discretion. To the fullest extent permitted by law, Customer will indemnify, defend and hold Genesis Retailer, its officers, directors, employees, and Related Parties harmless from and against any and all losses, claims, liabilities, damages, fines, penalties and expenses (including attorney's fees) arising out of or resulting from: (a) any breach by Customer of the representations, warranties or covenants contained in this Agreement; and (b) the actions, negligence, or intentional misconduct of Customer. In the event of an accident with the vehicle and it is determined by the police or a final, non-appealable judgment that the Driver was at fault, Genesis Retailer will pay up to $500.00 towards Customer's insurance deductible. This is the sole liability of Genesis Retailer and Related Parties for damage to the vehicle or its occupants, if any. Additionally and without limiting any other provisions of these Terms, Genesis Retailer's liability for failure to perform under this Agreement or for injury or damage will be limited to $500. In no event will Genesis Retailer be liable for special, incidental, consequential, exemplary or punitive damages, even if advised of their possible existence. Customer fully intends and understands that the limitation of liability and indemnification provisions of this agreement shall bind the Customer's family, heirs, assigns, or personal representatives. Customer hereby forever releases, acquits and discharges Genesis Retailer from any and all liabilities, claims, demands, actions and causes of action that such Customer may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any Service(s). Genesis Retailer does not warrant that Service(s) will always be available. Service(s) are subject to availability and Genesis Retailer assumes no liability should all Drivers be booked at the precise time when Service(s) is requested. Genesis Retailer shall not be liable for delays or failure to provide Service(s) as a result of inclement weather, traffic conditions, construction, or other causes beyond the reasonable control of Genesis Retailer. These Terms constitute the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersede all previous and contemporaneous agreements, written or verbal. All disputes under these Terms that cannot be resolved by the parties shall be submitted to arbitration under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing thirty (30) days written notice to the other party. Any award may be enforced by a court of law. The venue for any arbitration shall be in the county in which Genesis Retailer's physical location is situated. The arbitrator shall have the right to award attorney fees and arbitration fees and costs to the prevailing party. Arbitration between the Genesis Retailer and Customer shall be of the Genesis Retailer's and Customer's individual claims. None of the Customer's claims may be arbitrated or litigated on a class-wide basis. If any provision of these Terms is determined to be unenforceable, such provision will be deemed severed and the remaining provisions of these Terms will continue in full force and effect. The laws of the state in which Genesis Retailer's physical location is situated shall govern these Terms. Genesis Retailer will be deemed to have accepted these Terms, without execution, upon the issuance to Customer of a reservation confirmation or upon the acceptance of payment for Service(s) to be rendered, whichever comes first.
RELEASE, ASSUMPTION OF LIABILITY, AND ADDITIONAL REPRESENTATIONS ("RELEASE") (FOR SERVICES REQUIRING CUSTOMER TO DRIVE OR RIDE IN A VEHICLE)
Any defined term in the Terms above shall have same definition and meaning in this Release.
In consideration of participating in any Service(s) that require Customer to drive or ride in any vehicle owned, leased or otherwise provided by Genesis Retailer, by clicking on the box labeled "I Agree to the terms and conditions" prior to reserving Service(s), Customer agrees to be bound by the Terms above and by this Release, and do hereby release, discharge, indemnify and hold harmless Genesis Retailer and Related Parties from all claims, demands, actions, or liabilities of whatever kind and nature, including but not limited to bodily injury, death or property damage arising from, or in any way connected to, Customer's use of an automobile or automobiles. This also includes all costs, losses or expenses in connection therewith arising from, or by reason of, any property damage arising out of any accident or occurrence during, or in connection with, said use, whether negligent or otherwise. The terms and provisions of this Release shall be binding upon Customer's heirs, executors or administrators. Customer certifies that he or she has read the foregoing and is responsible for his or her actions.
Customer assumes complete responsibility for all risks and for injuries, death and/or property damage that may occur as a result of driving or riding in any vehicle related to Service(s) rendered by Genesis Retailer or Related Party, even if such injuries, death or property damage occurs in a manner that is not foreseeable at the time Customer signs this release.
Customer understands that to participate in any Service(s) that require Customer to drive or ride in any vehicle Customer must provide certain personally identifiable information ("PII"), including but not limited to, name, address, email address, and driver's license number. PII is any information that can identify a unique individual or be identified to that individual. Genesis Retailer reserves the right to perform a driver's license check on Customer based on the PII Customer provides. Customer's rights related to PII are further described in Genesis Retailer's Privacy Statement.
Any PII that is collected as part of Customer's sign-up or use of the vehicle will only be used (i) to administer Service(s) requiring Customer to drive or ride in a vehicle, (ii) for research purposes or (iii) for other purposes described in Genesis Retailer's Privacy Statement. PII may be shared with Related Parties who are subject to confidentiality restrictions. Genesis Retailer may also share PII where required by law, to defend Genesis Retailer's rights or property or the rights and property of Related Parties who provide services to fulfill Service(s); or to act under exigent circumstances to protect the safety of Genesis Retailer's or Related Parties' personnel or others. Genesis Retailer may use or share anonymized or aggregated information for any purpose.
Customer understands that Genesis Retailer may include a vehicle tracking system that records the global positioning system (GPS) location of the vehicle and other vehicle data, including but not limited to speed, mileage, safety belt use, and driving behavior.
Customer acknowledges that he or she has read and fully understands all of the foregoing, and that none of Genesis Retailer's officers, directors, employees, or Related Parties are authorized to vary the terms or provisions of this Release, or make any representation contrary to the provisions hereof.
Genesis Retailer or any Related Party who is helping Genesis Retailer to fulfill Service(s) requiring Customer to drive or ride in a vehicle reserves the right to refuse any participants demonstrating unruly or inappropriate behavior that may result in injury to themselves or others. The possession or use of any alcoholic beverages will result in the automatic disqualification of the Customer and the participant from Service(s). Such determinations of refusal/disqualification shall be in the sole discretion of Genesis Retailer, Third Party or Driver, whose decisions shall be final in all respects
a. not drive the vehicle while impaired by alcohol, drugs, medication, illness, fatigue, or injury;
b. not drive the vehicle if any physical or medical condition exists that may be aggravated by Customer's participation in, or that may impair Customer's ability to participate in, the Service(s);
c. not drive the vehicle during the test drive while using any mobile communication device;
d. properly wear the safety belt and ensure any other passengers in the vehicle will wear safety belts at all times while participating in Service(s);
e. obey all applicable motor vehicle laws, codes, and regulations;
f. follow all instructions and rules posted during the test drive or provided to Customer by Genesis Retailer or any other third party vendor person who is assisting Genesis Retailer in fulfilling the test drive program;
g. drive in a defensive manner, anticipating situations where incidents are likely to occur.
Furthermore, Customer represents and certifies that he or she has not been convicted within the past 36 months of any of the following motor vehicle violations:
a. driving while operator's license is suspended, revoked, or denied;
b. vehicular manslaughter, negligent homicide, felonious driving or felony with a vehicle;
c. operating a vehicle while impaired, under the influence of alcohol or illegal drugs, or refusing a sobriety test;
d. failure to stop or identify after a crash (includes leaving the scene of a crash; hit and run; giving false information to an officer);
e. eluding or attempting to elude a law enforcement officer;
f. traffic violation resulting in death or serious injury; or
g. any other significant violation warranting suspension of license.
By accepting these Terms and this Release electronically without a manual signature, Customer acknowledges that he or she has read and understood the provision herein and agrees to be legally bound by its terms, conditions, and representations.
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