Contract Highlights

When we rent your car, we run criminal background checks on all drivers.

We make sure all borrowers are 21+, have a valid U.S. driver’s license and pass a motor vehicle record check before borrowing a vehicle.

Under the Grow Care Plan, we will cover all repairs and maintenance in alignment with our Terms and Conditions.

In the event of an accident, we will handle all claims and repairs.  If your vehicle is totaled you will still receive the full payment for your vehicle.

Over $1000 of security equipment will be installed on your car upon onboarding your vehicle.  This will minimize the possibility of any theft.

Eligibility

Grow cars must have the following features:

• An automatic transmission
• A gas-powered or hybrid engine
• Less than 200,000 miles
• Model year 2008 or newer
• No visible damage or major maintenance issues
• No open recalls and records for previous recalls
• A valid, up-to-date registration
• Insurance coverage that meets my state minimum requirements
• Electric vehicles are eligible for sharing at any location.

Terms & Conditions

Updated: April 19, 2024

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 Growmyautofleet “Grow” car sharing service. Grow 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”). Each Driver is a “user”. This Agreement applies to all users of Grow and applies at any location in which Grow provides an opportunity for using shared vehicles, including, without limitation, airports, communities, Assist and all non-airport locations.

To facilitate car sharing, Grow provides an online platform through the Grow mobile phone application (the “App”), Grow’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; (b) signing this agreement or (c) by accessing or using the Services, in which case you automatically agree to be bound by this Agreement.

Grow 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. Grow 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

The Services are not Available to any users previously removed from the Services by Grow, 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 through our App, at our website, or through any other means we offer, and accept this Agreement.

Grow User Approval Process When you sign up to list 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 Grow about yourself and your vehicle(s), if any. You authorize Grow to order one or more consumer reports on you and to undertake screenings in order to confirm that Owners, users, and vehicles have met Grow’s eligibility criteria set forth herein. Grow 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 Grow 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 Grow 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. Grow, in its sole discretion, also may accept or reject your application to become a platform participant, including on the basis that your consumer report shows that you fail to meet Grow’s eligibility criteria. In the event that Grow does not approve you to become a user of the Grow Services on the basis, wholly or in part, of the information in a consumer report, Grow will notify you of this fact and provide you with information regarding the third party that provided the information to Grow, to the extent required by applicable law.

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

Privacy Policy You hereby authorize Grow to request, receive, use, share and store information relating to you, pursuant to Grow’s Privacy Policy, which is on the Growyourautofleet.com website. You also hereby acknowledge your acceptance and understanding of Grow’s Privacy Policy.

Telephone and Electronic Mail Communications with You. By creating an account, you electronically agree to receive communications from Grow, and third-party service providers providing services to Grow, via calls, text messages/SMS, push notifications, or emails, at the phone number(s) or email addresses you provided to Grow. These communications may be made for purposes including, but not limited to, confirming your signup; reminding you of upcoming reservations, providing notices regarding your account or account activity; investigating or preventing fraud; collecting a debt owed to us; or communicating urgent messages. You agree that we, or our service providers, may contact you using an automatic telephone dialing system, an automated system for the selection and/or dialing of telephone numbers, prerecorded or artificial voice messages, or other autodialing technology.  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. Your mobile carrier is not liable for deleted or undelivered messages. Message frequency varies. Message and data rates may apply.

If you consent to receive SMS marketing messages from Grow, we may send you SMS marketing messages using an automatic telephone dialing system, an automated system for the selection and/or dialing of telephone numbers, prerecorded or artificial voice messages, or other autodialing technology. Your consent is not a condition of making any purchase from Grow. Message frequency may vary. You may opt out any time by replying STOP. Text HELP for more information. Message and data rates may apply. Mobile carriers are not liable for delayed or undelivered messages. These terms and conditions are subject to change.

Consumer Report Authorization 

By checking the applicable box and continuing with the account sign-up and application process, you are providing Grow 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 Grow account. You also authorize Grow to conduct a background check, including a criminal background check where permissible under applicable law. In addition, you are authorizing Grow to obtain consumer reports and a background check at any time Grow reasonably believes there may be a need to obtain current information related to risk associated with your Grow account.

Ongoing Contact and Information Updates 

It is important that your information related to listed vehicles or to using vehicles reserved through Grow remains current in your account. You promise to update the information you have provided to Grow in the event of any changes to your driving record, contact information, or background information. Grow 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 Grow account, whether or not you have authorized such activities or actions. You will immediately notify Grow of any actual or suspected unauthorized use of your Grow account. We are not responsible for any unauthorized access of your account.

Use of Grow 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 Grow’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 Grow 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. Grow 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 Grow, 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 Grow, our users, or Grow 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 GROW 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 Grow’s customer support team at Legal@Growyourautofleeting.com prior to initiating any arbitration proceeding. If Grow is unable to resolve any such claim with you (except for any issues related to or arising from an applicable Grow insurance policy), you and Grow 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 Grow 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.

2. Agreement to Binding, Individual Arbitration Between you and Grow.

IMPORTANT: You and Grow 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 Grow 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 Grow 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.

1. Process:

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

GrowYourAutoFleet

legal@growyourautofleet.com

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

2. Location and Procedure:

Unless Grow 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.

3. 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, Grow 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 Grow prevails, Grow may 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.

4. 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.

5. 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.

6. 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 Grow 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@Growyourautofleet.com

Service Content and Intellectual Property

Ownership of Grow Content. All written content prepared and posted by Grow 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 (“Grow Content”) are owned by or licensed to Grow and are subject to copyright, trademark, and other intellectual property rights under United States and foreign laws and international conventions. Grow reserves all rights not expressly granted in, and to, the Services and the Grow Content.

License to the Services. Except as otherwise provided in this Agreement, no part of the Services and no Grow 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, Grow 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 Grow promotional campaigns, you hereby grant to Grow 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. Grow 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. Grow 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 email support@growmyautofleet.com or text us at 512-536-0010.

Disclaimers, Warranties and Limitations of Liability

Disclaimers. Grow enables vehicle sharing between Owners and Drivers. Grow does not provide vehicle rental services. Grow 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, Grow 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.

Grow 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. Grow 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 Grow 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 Grow and its respective affiliates, directors, officers, agents, or employees (collectively, the “Grow Parties”) and any Grow 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 Grow Parties, any actions or inaction of the Owner. Neither Grow 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 Grow 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 Grow 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.

About the Grow Platform. 

Grow can function as a rental car company. It does own a fleet of vehicles and is in the business of renting vehicles to the public. Grow is also in the business of providing an online platform where Owners and Drivers can meet and share vehicles amongst themselves subject to this Agreement.

Grow is neither an insurance company nor an insurance agent. Grow 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.

Non-Discrimination and Non-Harassment Policy

Grow 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 Grow to assist with resolving the dispute. You will not harm or threaten to harm Grow 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 Grow 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, Grow 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 we pay or you pay for our Services, Grow uses a third-party payment processor 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, payment for the Grow Services. We share personal information related to your transaction, 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 our processor and affiliates, using it, and any additional information that our processors may collect directly from you (including through cookies or similar means) in accordance with their 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 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 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 

Grow 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 Grow, and Grow 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 Texas 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 Austin and/or Travis County, Texas.

Termination 

You may discontinue your use of the Services but you may be required to pay a $1000 cancelation fee.  Grow 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. Grow 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.

Miscellaneous 

This Agreement states the entire understanding between you and Grow concerning your access to and use of the Grow 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 Grow. 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 Grow director or officer must agree to any modification or waiver of any term of this Agreement in writing. Grow’s failure to exercise any right under this Agreement will not constitute a waiver of any other right Grow 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 Grow 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 Grow. As an Owner, you commit that you will, provide the reserved vehicle to a Grow who will provide the 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 Grow 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 a Grow device) is found in your vehicle at any point, your vehicle will no longer be eligible for sharing through the Grow 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 Grow Services and will not be eligible for physical damage coverage under Grow’s insurance 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 Grow, in Grow’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 grow account on behalf of an individual other than yourself.

Information Given at Registration. When you sign up for Grow, 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 you sign this agreement, you must make the vehicle Available or deliver the vehicle for the entire term of this agreement.  If you choose to pick up your vehicle for any reason, without the consent of Grow, you will be required pay a cancellation fee of $1000. 

Vehicle Maintenance By Grow While on Grow Platform  – Grow Car Care Plan

Grow may cover a portion of the vehicle maintenance costs while listed on the platform.  To be eligible for this: 1. Owners must pass an annual inspection each year, and can use any shop with an ASE certification to conduct the inspection; and 2. Owners must accept Grow’s Authorization of Repairs at the time of listing their vehicle on the platform. While your vehicle is on the platform, Grow will provide maintenance needed for your vehicle per the Grow Car Care Plan.  Grow retains the right to determine which maintenance or service is required by the vehicle.  Grow can elect not to perform any maintenance service or repair service.  In that case, Grow will give you 3 days to review and approve maintenance or repair item, and pay your share of the costs for any required vehicle maintenance or repair issue.  If not, Grow will provide you 3 days to pick up your vehicle before the vehicle is removed and you may be charged for parking, towing and storage fees without any additional notice.  Any accrual of payments due to you cease while your vehicle is out of service for maintenance or repair.  All out of service days will be deducted from your normal monthly payment.  As an example, if we are paying you $500 a month and your vehicle is out for repair 10 days, we will calculate a daily payment for your car of $16.67 ($500/30days).  Then we will subtract 10 days at $16.67 amounting to $166.70 and you will receive $333.30 that month.  You agree that maintenance not listed on Grow’s website as covered maintenance is your responsibility as vehicle owner.   

Maintenance Authorization. 

In any event, Owner consents to Grow’s performance of maintenance services (including, but not limited to, oil changes, tire rotations, and battery replacement) as deemed necessary by Grow. Routine maintenance will be performed at Grow’s discretion. If Grow determines that Grow may perform the maintenance, regardless of whether the Owner has received the third-party inspection.  

Irrespective of whether Grow or Owner is performing maintenance, 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.  In addition, if Grow believes that your vehicle does not conform to the Vehicle Eligibility Requirements and any other reasonable standards, Grow reserves the right to remove or decline listing your vehicle until those concerns have been resolved. Grow may, at its discretion, undertake efforts to review the safety of vehicles booked through the platform.

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 Grow 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. 

Grow is under no obligation to conduct a safety review of your vehicle. However, if Grow does so, you also authorize Grow to undertake certain light maintenance services to ensure your vehicle is in safe operating condition. Specifically, you authorize Grow 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 Grow to check engine oil levels, coolant levels, and any other essential fluid levels. Grow may declare your vehicle unfit for the Grow platform until you remedy any applicable issues.

Disclaimers; Limitation of Liability. The disclaimers, warranties, and limitations of liability in the Grow Terms and Conditions all apply to the additional maintenance services and repair services. You acknowledge that the maintenance providers are the providers of these maintenance services and not Grow or its affiliate companies. You acknowledge that the repair providers are the providers of these repair services and not Grow or its affiliate companies. Grow and its affiliate companies are in no way responsible for the acts or omissions of the maintenance providers or repair providers. Grow makes no warranty, express or implied, as to the additional maintenance services provided by the maintenance providers or repair services provided by the repair providers. You acknowledge that Grow, its Affiliates, and its and their third-party service providers, are not responsible in any way for any indirect, special, consequential, incidental, punitive or exemplary costs, damages, or expenses of any kind (including, but not limited to, damages for loss of profits, goodwill, use, or data), however arising under this Agreement, even if Grow has been advised of the possibility of such damages. In any case, the aggregate liability for Grow and its Affiliates under this Agreement for any claim is limited to $100. You acknowledge that the allocation of risks as set forth in these terms are essential to the basis of these additional terms.

Telematics Devices. To the extent permitted by applicable law, you authorize Grow 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 Grow platform. If you already have a device installed in your OBD-II port, the previously installed device may be removed by Grow during the time that your vehicle is listed on the Grow platform. Grow 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. Grow will undertake reasonable efforts to ensure that the Grow-installed OBD-II device is removed from your vehicle after your vehicle is no longer listed on the Grow platform. However, as part of your post-listing inspection, please check to ensure that the Grow-installed OBD-II device is no longer installed and inform Grow is the OBD-II device was inadvertently left in your vehicle after the vehicle was removed from the Grow 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 Grow 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 Grow 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 Grow 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.

Physical Damage. 

During each reservation period, your vehicle may be eligible for coverage under commercial insurance procured by us from our insurer, unless you decline our insurance. 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, Grow, 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. 

Grow 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. Grow, 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 Grow Services. Grow 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.

Scrapes/scuffs to the bottom edge of the front or rear bumper.

Interior Trim, Carpet, Upholstery, and Controls:

A scuff or scratch that measures 3 inches or less in diameter is Wear & Tear

Rips/Tears/Cuts 1/2 inch or less in diameter

Fading and similar signs of wear to controls; window regulators, hinges, compartments, panels, handles, latches, and locks.

Grow, 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. Grow, 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.

Tire Wear:‍

A scuff, scratch or gouge less than 3 inches in length on the tire’s rim.

Tread depth 4/32 inch and over at the shallowest point in the tire.

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.

Scratches and/or cracks less than 1 inch and not located in the operator’s line of sight.

Window/glass chips less than 1/8 inches in diameter and not located in the operator’s line of sight.

Dry, cracked, brittle, or loose weather stripping around windshield/windows due to aging.

Peeling window tint that naturally occurs.

Scuffs to glass that are not located in the operator’s line of sight.

Mechanical Wear:

All vehicle mechanical systems (electrical, suspension, engine, brakes, and transmission) experience wear over the course of the vehicle’s life.

Other Insurance and Legal Matters. 

Where permitted by law and where you are eligible for coverage under our insurance, you hereby appoint Grow as your representative for the purpose of filing insurance claims, receiving insurance payments, or otherwise administering an applicable insurance policy. You also hereby appoint Grow 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. Grow may obtain insurance through a third-party provider, or may choose to self-insure (meaning Grow takes on all or part or all of the insurance obligations itself, subject to all applicable laws and regulations). You agree to provide Grow with information regarding your personal auto insurance policy’s coverage as may be requested. You must inform Grow promptly in the event information previously provided changes.

Indemnification by Grow or its insurer. 

If you are eligible for coverage under Grow’s insurance, in the event of any claim for a loss or injury that occurs during the use of your vehicle by a Driver or by Grow itself, Grow 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 Grow or our insurer(s) prompt written notice of the claim, allow Grow sole control over the defense of the claim, and provide Grow reasonable cooperation in its defense of the claim, at Grow’s expense. If Grow 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 Grow any monies received from that third party in an amount up to the funds provided to you by Grow 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 a grow representative and follow his or her instructions, including cooperating with Grow, 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 Grow Services and platform, including income taxes, which may require Grow to collect tax information from you, withhold taxes from payouts to you, or both. If you fail to provide Grow 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, Grow 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, Grow certifies that it will collect and remit tax on behalf of an Owner, when applicable

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

The Grow maintenance coverage will cover normal scheduled maintenance items such as oil and filter changes, transmission and differential fluid changes and some wear and tear items such as tires and brakes. Coverage will be based on mileage accrued while the vehicle is listed on the Grow platform. Any maintenance requests out of normal scheduled maintenance will not be covered. Grow reserves the right to determine which maintenance coverages will be provided to the vehicle while it is listed on the platform.

If the Owner chooses to get the approved third-party inspection, the Owner expressly authorizes the third-party inspector to share the inspection report with Grow, and expressly authorizes Grow to receive the inspection report and communicate directly with the third-party inspector.

Grow’s insurance shall be excess over any other applicable valid and collectible insurance that may exist, such as your personal auto policy. Provided that you have complied at all times during your reservation with this Agreement, Grow 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 the Damage Fee outlined below in Fees. In connection with any indemnifiable claim, you are required to give Grow or our insurer(s) prompt written notice of the claim, to disclose to Grow any other insurance that may be applicable, allow Grow or our insurer sole control over the defense of the claim, and provide Grow or our insurer reasonable cooperation in its defense of the claim, at Grow’s expense. If you have not complied with the terms of this Agreement, you will be solely responsible for the full cost of any vehicle repairs necessary.

Additional Expenses:  If the Owner receives violations such as parking tickets, camera detected violations, or tolls.  Grow will cover these costs only if the owner sends a copy of the violation within 30 of their receipt. 

Insurance. 

Grow has obtained, via its affiliate, Lula Insurance Company, commercial insurance that provides liability insurance to you in connection with your use of the Services. Grow charges an insurance fee to cover some of its insurance costs, and may waive this fee if you provide valid insurance information at checkout. You will be asked to share a picture of your insurance ID card to prove your policy is active and you are listed as an insured driver. Grow may not waive the fee if there are known carsharing coverage policy exclusions with your insurer. Grow’s insurance will be excess over any other applicable valid and collectible insurance you may have, such as your auto insurance policy. 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, Grow 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 Grow’s legal rights in connection with your use of the Services.