Vehicle Rental Terms

Here are the basics:

Rental Rate is $129.00 a day.

You are allotted 300 miles a day.

You are responsible for any and all damage to the Slingshot during your rental period.

Return the Slingshot at the same fuel level as you received it.

Be on time for pickup and drop off of the Slingshot.

Driver License verification is required.

Be safe and have fun!

See below for more details on the Vehicle Rentals terms:

Introduction

Twenty80 Investments LLC also known as OTMSLINGSHOTRENTALS.COM (“Twenty80 Investments LLC”, “we”, or “us”), provides an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. Twenty80 Investments LLC is accessible online including at otmslingshotrentals.com and as an application for mobile devices. The Twenty80 Investments LLC websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Twenty80 Investments LLC users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Twenty80 Investments LLC.

These Terms, together with the cancellation policy, nondiscrimination policy, applicable insurance terms and certificates, roadside assistance terms, and the (together, the “Policies”) constitute the “Agreement” between you and Twenty80 Investments LLC (each a “Party” and together, “the Parties”). In addition, Twenty80 Investments LLC provides a Car Sharing Agreement that summarizes the terms of each reservation, accessible in the Services for any booked or previous trips and you may use it as proof of a reservation.

Modification. Twenty80 Investments LLC reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Twenty80 Investments LLC Account within 30 days. If you choose to close your Twenty80 Investments LLC Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.

Eligibility, registration, verification

Eligibility

The Services are intended solely for guests who meet our eligibility requirements in the location where the vehicle is booked who are 21 or older. Any use of the Services by anyone that does not meet these eligibility requirements is expressly prohibited.

Registration

To access certain features of the Services, you must sign up for an account with us (a “Twenty80 Investments LLC Account”). You can create a Twenty80 Investments LLC Account by providing us your first and last name, email address, mobile phone number, and creating a password or connecting through an account with a third-party site or service (including Apple, Facebook, and Google). When you book a vehicle as a traveler or guest (“guest”), you provide us with certain additional information about yourself. You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your Twenty80 Investments LLC Account up to date at all times. Based on information you provide, Twenty80 Investments LLC may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, or other requirements).

Verification

Where permitted, Twenty80 Investments LLC has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. Twenty80 Investments LLC does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. Twenty80 Investments LLC may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Twenty80 Investments LLC to request, receive, use, and store such information. Twenty80 Investments LLC may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. Twenty80 Investments LLC may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our vehicle eligibility requirements.

Consumer Report Authorization. When you attempt to book or list a vehicle, or at any time after where Twenty80 Investments LLC reasonably believes there may be an increased level of risk associated with your Twenty80 Investments LLC Account, you hereby provide Twenty80 Investments LLC with written instructions and authorize Twenty80 Investments LLC, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.

Fees, taxes

Fees

The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. When you provide Twenty80 Investments LLC a payment method, you authorize Twenty80 Investments LLC, or third-party service providers acting on behalf of Twenty80 Investments LLC, to store your payment credential for future use in the event you owe Twenty80 Investments LLC any money. You authorize Twenty80 Investments LLC to use stored payment credentials for balances, including for Trip costs, host fees, and guest fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances.

Collection of fees

Twenty80 Investments LLC and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Twenty80 Investments LLC, or the collection agencies we retain, may also report information about your Twenty80 Investments LLC Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your Twenty80 Investments LLC Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third-party charges.

Taxes

In certain jurisdictions, Twenty80 Investments LLC may enable the collection and remittance of certain taxes from or on behalf of guests based on existing and future tax regulations, including marketplace facilitator or car sharing regulations. The amount of taxes, if any, collected and remitted by Twenty80 Investments LLC will be visible to, and separately stated, to guests on their respective trip related documents and invoices.

Your commitments

You agree that you will always use your Twenty80 Investments LLC Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Twenty80 Investments LLC.

Account Activity. If you create an account, you are and will be solely responsible for, all activity that occurs through your Twenty80 Investments LLC Account. Keep your Twenty80 Investments LLC Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Twenty80 Investments LLC Account, whether you have authorized such activities or actions. You will immediately notify Twenty80 Investments LLC of any actual or suspected unauthorized use of your Twenty80 Investments LLC Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Twenty80 Investments LLC Account unless you have reported unauthorized access to us.

Content

Twenty80 Investments LLC Content and User Content License. Subject to your compliance with the provisions of these Terms, Twenty80 Investments LLC grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Twenty80 Investments LLC and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Twenty80 Investments LLC or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through Twenty80 Investments LLC promotional campaigns, you grant Twenty80 Investments LLC a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, 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.

Copyright Protection. We respond to notices of alleged copyright infringement and terminate Twenty80 Investments LLC Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws.

Prohibited activities

In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law, including:

Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
Post false, inaccurate, misleading, defamatory, or libelous content
Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Twenty80 Investments LLC, or that comes from the Services and belongs to another Twenty80 Investments LLC user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Twenty80 Investments LLC

Dilute, tarnish, or otherwise harm the Twenty80 Investments LLC or OTMSlingshotrentals brand in any way, including:

Through unauthorized use of the Services and/or user content
Registering and/or using ” Twenty80 Investments LLC ” or derivative terms in domain names, trade names, trademarks, or otherwise
Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Twenty80 Investments LLC domains, trademarks, taglines, promotional campaigns, or Twenty80 Investments LLC and/or user content

Provide or submit any false or misleading information, including:

False name, date of birth, driver’s license details, payment method, insurance, or other personal information
In relation to a claim (for example about damage to a vehicle)
By registering for a Twenty80 Investments LLC account on behalf of an individual other than yourself or the company you represent
Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

Fail to honor your commitments, including:

Fail to pay fees, penalties, or other amounts owed to Twenty80 Investments LLC
Fail, to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason
Use the Services to find a guest, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by Twenty80 Investments LLC (aka, gray market transactions, which do not necessarily require the exchange of money)
Transfer your Twenty80 Investments LLC Account and/or user ID to another party without our consent
Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by Twenty80 Investments LLC in certain limited circumstances

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

Harass, stalk, or defame any other Twenty80 Investments LLC user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or guest in accordance with these Terms
Engage in physically or verbally abusive or threatening conduct
Use the Services to 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, payment method details, or account numbers
Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the Twenty80 Investments LLC community
Sue or assert legal claims against Twenty80 Investments LLC or a Twenty80 Investments LLC user in any manner prohibited or waived by these Terms

Use the Services for your own unrelated purposes, including to:

Contact another Twenty80 Investments LLC user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user
Commercialize any content found on the Services or software associated with the Services, including reviews
Harvest or otherwise collect information about users without their and our consent
Recruit or otherwise solicit any user to join third-party services or websites that are competitive to Twenty80 Investments LLC, without our prior written approval

Interfere with the operation of the Services, including by:

Interfering with any other user’s listings
Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm Twenty80 Investments LLC or the interests or property of others
Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
Using, displaying, mirroring, or framing the Services or any individual element within the Services, the Twenty80 Investments LLC name, any Twenty80 Investments LLC trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of Twenty80 Investments LLC
Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Twenty80 Investments LLC or any of our service providers or any other third party (including another user) to protect the Services
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
Endeavoring to circumvent a suspension, termination, or closure of your Twenty80 Investments LLC Account or the account of another Twenty80 Investments LLC user, including, but not limited to, creating a new Twenty80 Investments LLC Account or listing vehicles affiliated with or registered to a Twenty80 Investments LLC Account holder that has been suspended, terminated, or closed

Other legal matters

Violations. Twenty80 Investments LLC has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.

Twenty80 Investments LLC reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Twenty80 Investments LLC, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing Twenty80 Investments LLC, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Twenty80 Investments LLC Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.

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

Communications with you. You agree that Twenty80 Investments LLC may contact you by electronic means (e.g., electronic mail; notifications via Twenty80 Investments LLC messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts to confirm your signup, provide notices regarding your Twenty80 Investments LLC Account or Twenty80 Investments LLC Account activity, investigate or prevent fraud, collect a debt owed to us or recover unpaid invoices, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Twenty80 Investments LLC is required to obtain your consent for such communications, you may choose to revoke your consent. You agree that Twenty80 Investments LLC may contact you on any day, at any time of day, and in relation with the above purposes.

You authorize Twenty80 Investments LLC and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with Twenty80 Investments LLC or its agents for quality control, training, or other purposes. You understand and agree that your communications with Twenty80 Investments LLC may be overheard, monitored, or recorded. If you do not wish to have your call recorded, please contact us. If you do not wish to have your chat activity recorded or monitored, please do not use the chat function on the Services.

Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.

Insurance and protection plans. Twenty80 Investments LLC is not an insurance company and does not provide insurance to guests. Guests are solely responsible for any and all damages during the rental period.

Specific terms for guests

The following sections also apply if you book a vehicle using the Services:

Guest commitments

As a guest, you commit that you will be a legally licensed driver and provide proof to the host or via the Services of a current, valid driver’s license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.

Guest financial responsibility for physical damage to the vehicle

The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not.

Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on Twenty80 Investments LLC aka OTMSLINGHSOTRENTALS.COM, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with Twenty80 Investments LLC to make a claim for coverage under any policy of insurance that applies to the loss.

Use of the vehicle

When you book a vehicle on the OTMSLINGSHOTRENTALS.COM, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Lyft or delivering food or other packages) unless you have express written permission from Twenty80 Investments LLC in advance. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are always required 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 Twenty80 Investments LLC has any concern about your use of a vehicle, Twenty80 Investments LLC may terminate your trip in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact us. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage.

Telematics notice and release. Vehicles booked on Twenty80 Investments LLC may have features or an on-board device that may monitor the state of the vehicle from moment to moment, during a trip. The non-personal information collected by the features or on-board device may include, for example, a vehicle’s condition; damage and accident records; performance, operation, and diagnostic data; and information on mileage, acceleration, velocity, fuel consumption, fuel level, tire pressure, odometer, location and direction, and other vehicle information (“Vehicle Data”). Use of the features or on-board device is subject to the terms and conditions posted by the vehicle manufacturer or technology provider, which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, and user responsibilities. Unless prohibited by law, you authorize the use or disclosure of or access to the Vehicle Data and you shall inform any Approved Driver and passengers of the terms of this section. You release the host and agree to indemnify, defend and hold harmless host, operator of the features or on-board devices, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation you, an Approved Driver, and passengers) or property caused by failure of the features or on-board device to operate properly or otherwise arising from the use of the feature or on-board device by you, an Approved Driver, or passengers.

Condition of the vehicle and optional Extras

You understand that third parties own the vehicles and Extras offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation as to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it via the contact us function of the booking website before accepting the vehicle for the reservation period, Twenty80 Investments LLC, third-party administrators, or insurance partners, 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; instead, please contact the Twenty80 Investments LLC team immediately at 1-520-561-1586 in the US.

No responsibility for shared vehicles or personal belongings

You acknowledge that Twenty80 Investments LLC is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the OTMSLINGSHOTRENTALS.COM beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls. You also acknowledge and agree that Twenty80 Investments LLC is not responsible for lost or stolen property left in any vehicle or taken or damaged during a trip.

Incident reporting

You must immediately report any damage to the vehicle you are using to Twenty80 Investments LLC at “contact us” on the booking website, or 1-520-561-1586 in the US. if there has been a collision, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Twenty80 Investments LLC 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 Twenty80 Investments LLC, third party claims administrators, or insurers. After an incident involving anything more than minor vehicle damage (e.g., small dent or scratch), you may not continue to use the vehicle unless you have the explicit permission of Twenty80 Investments LLC staff.

Vehicle theft

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 voiding of your protection plan:

If you fail to return the vehicle you booked at the time and place agreed upon with the host 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 communication with the host at 520-561-1586
If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility
If you misrepresent facts to the host pertaining to booking, use, or operation of vehicle
If the vehicle’s interior components, are stolen or damaged, or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period
If you fail or refuse to communicate in good faith with the host, police, Twenty80 Investments LLC or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail 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 host, or who misrepresents or withholds facts to/from the host or Twenty80 Investments LLC material to the booking, use, or operation of vehicle

The primary guest who books the reservation is responsible for any private investigation costs Twenty80 Investments LLC deems necessary to recover a vehicle that is not returned. In addition, a $500 case administration fee will be imposed on the primary guest if Twenty80 Investments LLC and/or the host has to report a vehicle as stolen to law enforcement due to it not being returned.

Repossession. Twenty80 Investments LLC, a hired agent of Twenty80 Investments LLC, or the host may repossess any vehicle booked through the Services without demand, at the guest’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 otmslingshotrental.com goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, Twenty80 Investments LLC and other authorities in all matters related to the investigation.

Dispute resolution

Dispute resolution for hosts and guests residing in the United States

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND Twenty80 Investments LLC HAVE AGAINST EACH OTHER ARE RESOLVED.

Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Dispute resolution for hosts and guests residing in the United States section.

Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and Twenty80 Investments LLC agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact us by email at twenty80investments@gmail.com. Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from Twenty80 Investments LLC. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with either FairClaims or the American Arbitration Association (“AAA”) as set forth below, pursuant to the FairClaims Rules or AAA’s Consumer Arbitration Rules, as appropriate. A form for initiating arbitration proceedings is available on the FairClaims website or AAA’s website. (AAA provides a Demand for Arbitration form.) Any settlement offer made by you or Twenty80 Investments LLC shall not be disclosed to the arbitrator.

Applicable law. The below Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable procedural rules of FairClaims or AAA, as applicable (see “Arbitration procedures” below). To the extent state law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law of the state of Arizona will apply, without regard to its conflict of law provisions.

Agreement to Arbitrate. The Parties each agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and Twenty80 Investments LLC (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) and/or any other Twenty80 Investments LLC user will be resolved by binding arbitration according to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes,” “claims,” and “controversies” shall have the broadest possible meaning that will be enforced and includes, any and all disputes and/or claims that arise out of or in any way relate to your relationship with Twenty80 Investments LLC, including but not limited to: (1) your use of the Services, (2) the Agreement, these Terms and/or this Agreement to Arbitrate, including the interpretation, validity, enforceability, or scope of this Agreement to Arbitrate, or (3) your use of, or access to the Services, and anything sold, offered, or purchased through the Services (such as booking, listing, or sharing a vehicle). Through this Agreement to Arbitrate, and subject to the below exceptions, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court.

Exceptions to Agreement to Arbitrate The only exceptions to this Agreement to Arbitrate are as follows:

Disputes or claims that can be brought in small claims court
Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
In the event California law is found to apply to this Agreement to Arbitrate, any remedy of public injunctive relief (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of arbitrable claims, causes of action, or issues

Arbitration procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

The arbitration will be conducted by FairClaims in accordance with its Arbitration Rules and Procedures effective at the time a claim is made. Where the relief sought is $25,000 or less (not including attorneys’ fees and expenses), those Arbitration Rules and Procedures may limit the proceeding to a written submission and, if requested or at the arbitrator’s discretion, there may be a live hearing by teleconference or videoconference. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), those Arbitration Rules and Procedures may provide for limited discovery and streamlined proceedings. In the event FairClaims declines to or is unable to adjudicate the claim, the arbitration will be conducted by the AAA under its Commercial Arbitration Rules, as modified by this Agreement to Arbitrate.

In all cases in which a live hearing is requested or required, you and/or Twenty80 Investments LLC may attend by video or phone. To the extent a location must be established for the arbitration, it shall be held in the county in which you reside or at another mutually agreed location.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Twenty80 Investments LLC user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this Agreement to Arbitrate.

Costs of arbitration. If you initiate arbitration proceedings, you will be responsible for certain costs. Where the relief sought is $25,000 or less (not including attorneys’ fees and expenses), you will be responsible for the initial filing fee, capped at $375, and Twenty80 Investments LLC will cover any additional fees or costs. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), you and Twenty80 Investments LLC will each pay your own arbitration fees consistent with the rules set by FairClaims (or AAA, as applicable) at the time the claim was made, unless otherwise stated in these Terms.

Severability. With the exception of the provisions in the below section “Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of class and representative actions and non-individualized relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply.

Right to opt-out of arbitration; procedure. IF YOU ARE A NEW Twenty80 Investments LLC USER, YOU CAN CHOOSE TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE TO twenty80investments@gmail.com OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN 3 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR THE COMMENCEMENT OF YOUR FIRST TRIP ON Twenty80 Investments LLC AS A GUEST, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your full name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your Twenty80 Investments LLC Account to twenty80investments@gmail.com This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other provisions of the Agreement will continue to apply to you, including the below forum selection clause specifying Tucson, Arizona.

Future amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, the Parties agree that if Twenty80 Investments LLC makes any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that you filed against Twenty80 Investments LLC prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to the amended terms, you may close your account within 30 days of our posting or notification and you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Twenty80 Investments LLC, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.

Judicial forum for legal disputes not subject to arbitration. Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, whether (1) as a result of your decision to opt out of the Agreement to Arbitrate, (2) as a result of a decision by the arbitrator or a court order, or (3) if one of the above exceptions to the Agreement to Arbitrate applies, you agree that any claim or dispute that has arisen or may arise between the Parties will be resolved exclusively by a state, federal, or small claims court located in Tucson, Arizona. The Parties agree to submit to the personal jurisdiction of a state court located in Pima County, Tucson, Arizona or a United States District Court for the District of Arizona located in Tucson, Arizona. The Parties agree that the substantive law of the state of Arizona will apply to any such claim or dispute without regard to conflict of law provisions.

Prohibition of class and representative actions and non-individualized relief. THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS, SUBJECT TO THE ABOVE EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE SOUGHT IN COURT BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.

Governing law. The parties agree that the substantive laws of the state of Arizona apply to these Terms and the Agreement without regard to conflict of law provisions.

General provisions

No vehicle transfer or assignment

Except as otherwise provided herein, guests agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle or optional Extras shared through the Twenty80 Investments LLC (omslingshotrentals.com).

Disclaimers

Twenty80 Investments LLC PROVIDES SERVICES THAT ENABLE THE SHARING OF VEHICLES AND OPTIONAL EXTRAS BETWEEN HOSTS AND GUESTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, Twenty80 Investments LLC DOES NOT ITSELF PROVIDE VEHICLE SHARING, RENTAL SERVICES, AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE VEHICLE OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, Twenty80 Investments LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Twenty80 Investments LLC makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Twenty80 Investments LLC makes no warranty regarding the quality of any listings, vehicles, hosts, guests, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through Twenty80 Investments LLC. No advice or information, whether oral or written, obtained from Twenty80 Investments LLC, or its service providers or through Twenty80 Investments LLC or content, will create any warranty not expressly made herein.

Limitation of liability and waiver

EXCEPT WHERE PROHIBITED BY LAW, YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST Twenty80 Investments LLC AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “Twenty80 Investments LLC PARTIES”) AND ANY Twenty80 Investments LLC USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) VEHICLE AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH A VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE), (3) VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE), (4) THE LEGAL OR LICENSE STATUS OF A VEHICLE, GUEST, (5) THIRD PARTY ASSESSMENTS OF A VEHICLE’S VALUE, OR (6) ANY ACTION OR INACTION OF A GUEST.

YOU AGREE THAT NEITHER Twenty80 Investments LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA OTMSLINGSHOTRENTALS.COM (Twenty80 Investments LLC), OR (3) INABILITY TO USE THE SERVICES.

Except for our obligations to pay amounts to applicable hosts or guests pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the Twenty80 Investments LLC Parties’ aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via Twenty80 Investments LLC as a guest in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) US$100.

EXCEPT WHERE PROHIBITED BY LAW, YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY Twenty80 Investments LLC USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN T Twenty80 Investments LLC AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.

Indemnification

You agree to release, defend, indemnify, and hold Twenty80 Investments LLC and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of Twenty80 Investments LLC, or (5) your booking of a vehicle or creation of a listing for a vehicle. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between Twenty80 Investments LLC and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Liquidated damages

You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Twenty80 Investments LLC to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the Twenty80 Investments LLC domains, trademarks, or taglines without Twenty80 Investments LLC express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the Twenty80 Investments LLC Parties or a Twenty80 Investments LLC user in any manner prohibited or waived.

Not a rental car company; no vehicle leasing

Twenty80 Investments LLC 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. Twenty80 Investments LLC also is not providing short- or long-term vehicle leases. Twenty80 Investments LLC provides an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms.

Twenty80 Investments LLC can be contacted in the United States at 890 W. Grant Rd Tucson, AZ 85705. If you have any questions for us concerning the Agreement, or Twenty80 Investments LLC generally, please contact us at twenty80investments@gmail.com.

Translations

Where Twenty80 Investments LLC has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.

Severability and non-waiver

In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.

General

Twenty80 Investments LLC 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 Twenty80 Investments LLC and Twenty80 Investments LLC will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.

The Agreement, including these Terms, states the entire understanding between you and Twenty80 Investments LLC concerning your access to and use of the 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 advance written consent of Twenty80 Investments LLC. You will remain responsible for your obligations hereunder in any event. A Twenty80 Investments LLC director or officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.

Here are the basics:

Vehicle Rental Terms

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