Mighway Terms of Service
Last Updated on: Thursday, 9th May, 2017
Terms of Service (United States)
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE LIMITATIONS AND EXCLUSIONS, AS WELL AS A SECTION THAT LIMITS YOUR LEGAL REMEDIES, INCLUDING YOUR RIGHT TO FILE SUIT IN A COURT OF LAW INDIVIDUALLY OR AS A CLASS ACTION. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS MAY CREATE LISTINGS FOR RVS AND GUESTS MAY LEARN ABOUT AND ARRANGE TO RENT RVS. YOU UNDERSTAND AND AGREE THAT ANY AGREEMENT TO RENT AN RV ARRANGED THROUGH THE SITE IS AN AGREEMENT BETWEEN YOU AND THE OWNER OF THE VEHICLE AND THAT MIGHWAY IS NOT A PARTY TO ANY SUCH AGREEMENTS. NOR IS MIGHWAY A RV BROKER, AGENT OR INSURER. MIGHWAY HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, OR SERVICES, AND DISCLAIMS ALL LIABILITY FOR SUCH CONDUCT EXCEPT AS EXPRESSLY PROVIDED HEREIN.
1.2 Updates to these Terms
These Terms apply to any use of the Site and any Mighway Services provided to or received by you. You will be asked to confirm your acceptance of the Terms when you register on the Site. Mighway may modify or replace these Terms from time to time by publishing a new version on the Site. You will be notified by email or text message (to the email address or mobile number provided at the time you register on the Site of material changes to the Terms. Your continued use of the Site following any amendment or replacement of the Terms constitutes your acceptance of the Terms as amended or replaced. If the Terms are updated and you do not agree to such updated Terms, you may not use the Mighway platform or the Site.
1.3 Other Mighway Policies
In addition to these Terms, You agree that you will comply with all written rules, agreements, and policies that are made available by Mighway on the Site or in connection with the Services, which are hereby incorporated herein by reference. These include, without limitation:
Fees Policy (Schedule 1)
Cancellation Policy (Clause 6)
Insurance Policy (available at https://www.mighway.com/insurance-policy)
Roadside Policy (available at https://www.mighway.com/roadside)
“Additional Charges” means any fee charged by Mighway for use of the Site, any additional services, including as set out in Schedule 1.
“Credit Card Hold” means the amount authorized by the Guest to be charged against the credit card presented at the time of booking, as a pre-authorization hold (as described in section 6).
“Damage” includes any and all damage to any part of the Vehicle including broken parts, dents, stains, broken, cracked or chipped windscreens, damaged tires, theft, fire, break in or vandalism.
“Guest” means a person who registers on the Site as a guest and who makes a booking with respect of a Vehicle.
“Insurance Provider” means IOA.
“Mighway,” “we,” “us,” or “our” means TH2connect, LLC
“Owner” or “you” means a person registered as the owner of a Vehicle on the Site.
“Owner’s Rental Fee” means your fee for renting out the RV, which will include a daily charge, and for local owners any a la cart charges or cleaning, laundry, additional rental items etc.
“Pick Up / Drop Off Report” means the report provided in the Mighway Android or iOS Owners’ application, to be completed at the commencement and the conclusion of the Rental Period.
“Rental Period” means the period from the day of pick up to the day of return of the Vehicle, as recorded under the relevant booking on the Site.
“Rental Price” means price paid or payable by a Guest for rental of a Vehicle as specified on the Site and in Section 4.4 below.
“Services” means any additional services provided to an Owner with respect of your use of the Site or rental of the Vehicle.
“Site” means the online platform provided by Mighway, accessible at <http://Mighway.com> , such other websites through which the Mighway platform is made available, or the Mighway mobile application.
“Tax” means any sales or use tax chargeable under any state, federal or local law.
“Terms” mean these terms and conditions.
“Vehicle” means a recreational vehicle (“RV”) that has been registered on the Site.
“Vehicle Accessories” means all accessories including camping utensils and other equipment or additional rental items related to the Vehicle.
2. Registration as an Owner
2.1 If you wish to use the Site to rent out your RV, you must register as an Owner on the Site, and also register your RV on the Site. To register to be an Owner, you must be at least 18 years old, and you must complete the registration process on the Site. By doing so, you are deemed to have agreed to these Terms.
2.2 To register your RV as a Vehicle on the Site:
(a) you must be the owner of the RV, or otherwise have the right to rent the vehicle through Mighway;
(b) the RV must have a valid and current registration with Department of Motor Vehicles;
(c) you must have a comprehensive and current (not third party or third party, fire and theft) insurance policy in place with respect of the RV;
(d) you must provide an accurate and complete description and photos of the RV, including details of its age and any material defects or deficiencies;
(e) you must specify the Owner’s Rental Fee you intend to charge and a location for handover of the RV for both pick up and return (unless Mighway is managing the rental of your Vehicle, in which case we will provide these details).
2.3 We reserve the right to accept or decline your application for registration at our absolute discretion. If, at any point, you or your Vehicle does not comply with section 2.2, you must remove the Vehicle from the Site and must not accept any booking requests with respect of the Vehicle until the non-compliance is rectified.
2.4 You may update the information on the Site regarding your Vehicle at any time, including changing the Owner’s Rental Fee for your Vehicle. However, you cannot change the Owner’s Rental Fee with respect of any booking which has been accepted.
2.5 You warrant and represent that the information you provide to us and on the Site is correct, complete, accurate and up-to-date. You agree to promptly notify us of any changes to your information by updating the “profile” section on the Site.
3. Your Conduct
3.1 In connection with your use of the Site and the Services you represent, covenant and agree that you will not:
(a) register as more than one Owner, or register on behalf of any person other than yourself;
(b) contact a Guest for any purpose other than asking a question related to a booking of your Vehicle;
(c) use the Site to find a Guest and then complete a booking of a Vehicle without using the Site or the Services in order to circumvent the obligation to pay any fees related to the use of the Site or provision of the Mighway Services;
(d) extend any Rental Period otherwise than in accordance with section 5;
(e) submit to the Site any false or misleading price information, including any Owner’s Rental Fee that you do not intend to honor;
(f) offer, as an Owner, any RVs that you do not yourself own or have permission to rent;
(g) offer, as an Owner, any RV that may not be rented pursuant to the terms and conditions of an agreement with a third party;
(h) impersonate or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(i) use automated scripts to collect information or otherwise interact with the Mighway Services;
(j) post, upload, publish, submit or transmit any Owner Content that, in Mighway’s sole judgment may: (i) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) be fraudulent, false, misleading or deceptive; (iv) be defamatory, obscene, pornographic, vulgar or offensive; (v) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) be violent or threatening or promote violence or actions that are threatening to any other person; or (vii) promote illegal or harmful activities or substances;
(k) infringe or misappropriate the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(l) interfere with or damage the Mighway Services, including, without limitation, through the use of viruses, cancel bots, trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(m) stalk or harass any other user of the Mighway Services or collect or store any personally identifiable information about any other user other than for purposes of the Mighway Services;
(n) use our Mighway 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 or credit, debit, calling card or account numbers;
(o) use our Mighway Services in connection with the distribution of unsolicited commercial email spam or advertisements unrelated to lodging in a private residence; or
(p) advocate, encourage, or assist any third party in doing any of the foregoing.
4. Bookings and payment
4.1 Guests will send booking requests to us through the Site. If you are a ‘local owner’, we will notify you of the booking request for your Vehicle via email. You may, in your sole discretion, choose to accept or decline the request. If you are a ‘managed owner’, we will check the availability of your Vehicle and then choose to accept or decline the booking on your behalf.
4.2 If you accept a booking request we will have 48 hours in which to confirm the booking. If you confirm the booking within 48 hours, you acknowledge and agree that you are bound to rent the Vehicle to the Guest for the Rental Period. If we do not confirm the booking within 48 hours, but wish to confirm the booking at any point after that, you will have the right to accept or decline the confirmed booking.
4.3 Mighway also offers the option to allow for “instant booking.” If you choose to allow for instant bookings, you agree to automatically accept any booking request made by any Guest and you acknowledge and agree that you will be bound to rent the Vehicle to the Guest for the Rental Period on the specified terms.
4.4 The Rental Price that will be paid by Guest will be the Owner’s Rental Fee, plus the booking fee charged by Mighway (to cover, among other things, the provision of the Mighway Services), plus the insurance fee charged by our Insurance Provider, any liability waiver, and roadside assistance fees. In addition, Guest may also pay additional fees for special add-on services or products (minus any commission fees by Mighway) which Guest may choose to rent or purchase at the time of booking.
4.5 Mighway will pay the Owner’s Rental Fee and any additional fees, less our commission, due to you to your designated account each Monday, one week following completion of the Rental Period. Should Monday be a public holiday, Mighway will pay on the next working day.
5. Extension of Rental Period
You agree that a Rental Period cannot be extended or altered by agreement between you and the Guest, and if the Guest wishes to continue to use the Vehicle beyond the Rental Period, they must make a new booking with us through the Site (with such new booking to commence at the same time that the existing Rental Period ends). Any such booking must be made by the Guest at least 48 hours before the end of the existing Rental Period. You acknowledge that in the event you breach these Terms and agree directly with the Guest that they may retain the Vehicle beyond the Rental Period, your rights under these Terms will not apply beyond the end of the Rental Period.
6. Booking cancellations
6.1 If a Guest cancels a booking with us which has previously been confirmed, we will cancel the booking of your Vehicle. The following cancellation fees will be payable by Mighway to you, calculated by reference to when the Guest cancels a booking with us:
|Cancellation period||Cancellation fee|
|30+ days before commencement of Rental Period||15% of Owner’s Rental Fee|
|8-30 days before commencement of Rental Period||50% of Owner’s Rental Fee|
|0-7 days before commencement of Rental Period||100% of Owner’s Rental Fee|
6.2 The above cancellation fees will be the only amounts payable to you with respect of any cancelled booking, and Mighway will not be liable for any loss suffered by you with respect of cancellation of any booking including, but not limited to, any consequential loss.
6.3 If you cancel a booking (including by failing to make the Vehicle available at the pick up location at the agreed time) you will not receive an Owner’s Rental Fee. In addition, you must pay the following cancellation fees:
|Cancellation period||Cancellation fee|
|30+ days before Rental Period start||$50 fee|
|7 - 30 days before Rental Period start||$100 fee|
|0-7 days before Rental Period start||$200 fee|
6.4 You will be deemed to have cancelled a booking, and section 6.3 will apply, if you meet the Guest at the designated pick-up location and the Guest determines that the Vehicle is, in their opinion (acting reasonably), materially different from the description of the Vehicle on the Site, and the Guest validly cancels their booking with Mighway on such grounds.
6.5 You will not be deemed to have cancelled a booking if:
(a) you meet the Guest at the designated pick-up location and you determine (acting reasonably) that the Guest is unfit to drive, including due to intoxication; and
(b) you notify us immediately of the cancellation and inform us of the reason you cancelled the booking; and
(c) we are satisfied (in our sole discretion) that the reason you cancelled the booking was reasonable in the circumstances. In such circumstances, Mighway may (in its sole discretion) deem the Guest to have cancelled and, in that case, the booking and the full cancellation fee (as noted in section 6.1 above) will be payable by us to you.
6.6 You will also not be deemed to have cancelled a booking if the reason for the cancellation is that the Vehicle was damaged during a previous Rental Period and, as a result of that Damage, is not fit for hire.
7. Vehicle pick up
7.1 You must meet the Guest at the time and place agreed between you and the Guest at the commencement of the Rental Period, unless the Drop-Off is being managed by Mighway. You must ensure that the Vehicle:
(a) has a current registration (which will be current for the duration of the Rental Period);
(b) is in a fit and proper condition, and all fees payable with respect of the Vehicle under any local, state or federal law or ordinance have been paid;
(c) is in a clean condition, with toilet chemicals and waste water tanks (as applicable) emptied and fresh water tank full;
(d) has a full fuel tank and full propane Tank (if applicable) and has all fluids topped up to a level sufficient to last the duration of the Rental Period (including water, oil, transmission, coolant etc); and
(e) does not contain any of your personal belongings or effects, other than any items which are included in the rental of the Vehicle.
7.2 You must, prior to releasing the Vehicle to the Guest:
(a) review and be satisfied with the Guest’s driver’s license (i.e. that it is valid and current for the duration of the Rental Period); and
(b) complete and submit the Pick Up / Drop Off Report with the Guest.
7.3 It is your responsibility as Owner to complete, together with the Guest, a Pick Up / Drop Off Report at the time the Vehicle is handed over to the Guest through the Mighway mobile application. You must take the necessary steps to record evidence of any pre-existing Damage to the Vehicle (i.e. photos or a recording) to prove the condition of the Vehicle at the commencement of the Rental Period.
7.4 You acknowledge that with respect to the handover procedures described in this section 7 you will not make any representations to the Guest on our behalf or otherwise hold yourself out as acting on behalf of Mighway.
7.5 In the event that Mighway is managing the rental of your Vehicle:
(a) you must comply with section 7.1 above, except that the Vehicle must be delivered to Mighway at the specified Mighway managed location (rather than to the Guest) at least seven (7) days prior to the commencement of the first Rental Period;
(b) if you wish to take possession of the Vehicle from Mighway for your personal use, you agree to provide seven (7) days prior written notice to Mighway to arrange to pick up the Vehicle;
(c) Mighway will securely store your Vehicle and handle the basic maintenance (fluids and tire check) and basic cleaning to get your Vehicle ready to rent. If the Vehicle requires any additional maintenance works or repairs in order for it to comply with section 7.1 or otherwise bring it up to rental standard, Mighway will undertake those works at the Owner’s cost (having obtained the Owner’s prior consent). The cost of such maintenance and repairs will be invoiced to the Owner or, at Mighway’s discretion, may be deducted in full or in part from the Owner’s Rental Fee;
(d) Mighway will complete a Pick Up / Drop Off Report with you, and will ensure that the Guest approves and submits that Pick Up / Drop Off Report, and that a copy of the Pick Up / Drop Off Report is retained by Mighway;
(e) Mighway may deduct from the Owner’s Rental Fee such amounts as are agreed with the Owner from time to time in connection with the management of the rental of the Vehicle; and
(f) Mighway will deduct a monthly Storage Fee from the Owner’s Rental Fee.
7.6 In the event that there is a mechanical fault or failure of the Vehicle during the Rental Period (which is not caused by an accident), you acknowledge that you, and not Mighway, will be responsible for the costs to repair that fault or failure. If the Vehicle is being managed by Mighway, Mighway may procure or undertake such work as is required to repair the fault or failure, and if it does so, the cost of such repairs will be invoiced to the Owner or, at Mighway’s discretion, may be deducted in full or in part from the Owner’s Rental Fee. In the event that the cost of such repairs exceeds the lesser of (i) $1000 or (ii) the Owner’s Rental Fee, Mighway will obtain the Owner’s consent prior to incurring such costs.
8. Vehicle Return and Damage claims
8.1 Unless Mighway is managing the Vehicle (in which case section 8.3 applies), you must collect the Vehicle at the end of the Rental Period at the time and place agreed between you and the Guest as the drop off location.
8.2 It is your responsibility to, together with the Guest, complete and submit the Pick Up / Drop Off Report (which you have previously partially completed at the time of pick up under clause 7.3) and to email a copy to Mighway at email@example.com within two working days of the end of the Rental Period, or alternatively complete through the Owners’ mobile application at the time the Vehicle is returned to you. Failure to provide a completed Pick Up/ Drop Off Report to Mighway within two working days of the end of Rental Period may result in your accidental damage claim being declined.
8.3 Where Mighway is managing the Vehicle, Mighway will notify you if the Vehicle is Damaged during the Rental Period. Our Insurance Provider will then contact you to arrange for repair of the Vehicle (including agreeing upon the time and place of repair).
8.4 If the Damage results in the Vehicle no longer being drivable, the Rental Period ends on the date that the Damage is caused. You will still receive the full Owner’s Fee for the Rental Period, and our Insurance Provider will then contact you to arrange for repair of the Vehicle (including agreeing upon the time and place of repair). If our Insurance Provider determines that the Vehicle is beyond economical repair (in its opinion), you will be paid the market value of the Vehicle, as determined by the Insurance Provider. The maximum market value payable is $100,000. If you consider your Vehicle has a market value in excess of $100,000 you must notify Mighway of the estimated market value of the Vehicle at the time of registering on the Site. Mighway will confirm acceptance of that amount with the Insurance Provider, prior to your Vehicle being accepted as registered on the Site.
8.5 If you identify any Damage to the Vehicle that has not previously been notified to you, you must record details and evidence of the Damage (i.e. photos or a recording) in the Pick Up / Drop Off Report through the Owner’s mobile application completed at the end of the Rental Period. If Damage is not recorded on the Drop Off Report, and we are unable to hold the guest liable for the excess portion of the claim, this amount will be deducted from the Owner’s next statement. If you and the Guest cannot agree on any Damage, you must notify us of the dispute by emailing firstname.lastname@example.org within two (2) working days of the end of the Rental Period. Section 14 will apply with respect to any disputes between you and the Guest regarding any Damage, and you must keep us informed of the status of the dispute. Once the dispute has been resolved, you must submit the agreed Pick Up / Drop Off Report in the Owners’ application. Our Insurance Provider will contact you to arrange for any repair of the Vehicle required (including agreeing the time and place of repair).
8.6 If the Damage to the Vehicle is not covered by insurance, you must notify us of any claim with respect to that Damage and we will work with you and the Guest regarding any required repairs (though Mighway assumes no responsibility for completing such repairs, except as specified herein).
8.7 The Guest, the Insurance Provider or Mighway will NOT be responsible for any:
(a) damage to or faults of the Vehicle identified and agreed as pre-existing damage or recorded in the Pick Up / Drop Off Report completed at the commencement of the Rental Period;
(b) depreciation, gradual damage, corrosion or any fair wear and tear to the Vehicle or Vehicle Accessories during the Rental Period;
(c) damage arising from failure of, or defect or fault in, the design, specifications or materials incorporated into the Vehicle;
(d) mechanical fault (including any breakdown) or failure of the Vehicle that occurs during the Rental Period if the fault or failure is, or is likely to have been (in our, or the Insurance Provider’s, reasonable opinion), caused by an existing issue with the Vehicle; or
(e) mechanical, electrical, alarm or electronic systems or any loss that their failure causes to the rest of these systems; and
(f) consequential loss arising out of any loss or Damage including, without limitation, loss of revenue for any future bookings which must be cancelled due to Damage to the Vehicle caused during the Rental Period.
8.8 You agree to provide us and the Insurance Provider with access to the Vehicle at reasonable times to assist with our assessment of any Damage and to undertake any repairs.
8.9 The Owner should submit (together with the Pick Up / Drop Off Report) details of any amounts owed and outstanding by the Guest through the Owner’s mobile application regarding:
(a) excess cleaning fees, if the Vehicle is not returned in a clean condition;
(b) fuel and gas charges, if the Vehicle does not have a full fuel tank and full gas can (if applicable) when returned;
(c) dumping fee, if the Guest has not emptied the grey water and waste tanks of the Vehicle prior to returning it;
(d) lost items, if the Guest has returned the Vehicle and additional items included in the rental are missing.
8.10 If Mighway accepts your claim with respect of any matter set out in section 8.9, and collects such fees from the Guest, Mighway will reimburse to you the applicable amount(s) as set out in Schedule 1.
8.11 If you have any complaints with the Damage to your Vehicle (including any repairs), please contact Mighway at email@example.com. Any disputes under this section 8 will be resolved in accordance with section 14.
9. Traffic Violation Fees
9.1 We acknowledge that you are not liable for tickets or citations incurred with respect to parking, speeding, red light camera, toll, or other traffic offenses (“Traffic Violation Fee”) involving the use of the Vehicle during the Rental Period.
9.2 If you receive a Traffic Violation Fee that relates to the use of the Vehicle during the Rental Period, you must send us a copy of the Traffic Violation Fee received, and/or a copy of any reminder notices received (by sending a legible color copy to firstname.lastname@example.org), as soon as practicable and no later than five (5) working days after you receive the notice.
9.3 We will assess your claim and notify you within five (5) working days of receipt whether we accept or reject your claim. If we accept your claim, we will reimburse you for the approved amount of the claim, or pay the relevant enforcement authority on your behalf, at our sole discretion.
10. Suspension and termination of registration
10.1 We reserve the right to alter, suspend or terminate the Site and/or related mobile application, the Mighway Services, registration of a Vehicle, your status as a registered Owner and your access to the secure section of Mighway.com temporarily or permanently at any time and without prior notice. Without limiting the above, if you breach these Terms, repeatedly cancel bookings, or do not adhere to follow safety inspection/maintenance requirements, Mighway has the right to terminate your status as a registered Owner and remove your profile and Vehicles from the Site.
10.2 An Owner can suspend his or her account on the Site and remove their profile from public access at any time, provided that no current booking is associated with the Owner at that time. Upon suspension of an account by an Owner, we will remove your profile information from public access (but you agree that we may retain profile information as part of our business records in accordance with applicable law).
10.3 An Owner can reinstate their account and public access to his or her profile at any time, with the approval of Mighway.
10.4 Suspension or termination of an Owner’s account will not affect your or our rights and obligations under these Terms accruing prior to suspension or termination.
11. Vehicle Maintenance and Safety Inspections
As an owner you acknowledge and agree that you are responsible for regular maintenance and safety inspections on your vehicle in order to have it listed on the Mighway platform and to have it covered by Mighway’s insurance. Before each rental pick up the vehicle should be inspected to make sure that everything is functioning in a safe and proper way, including but not limited to: tires, brakes, vehicle handling, electrical, lpg system, appliances.
Mighway requires a full safety inspection to be completed for your vehicle to be eligible to be rented through the platform AND again at a minimum every 5000 miles or 6 months (whichever comes first). The checklist can be downloaded at http//www.mighway.com/SafetyInspection
Mighway and its insurance company reserves the right to request service records and proof of inspections as part of the insurance claims process. Failure to be able to provide these may result in an insurance claim being denied. It is the owner’s responsibility to keep records of all maintenance and safety inspections and to provide these for inspection if requested.
12 Intellectual property and your use of the Site
12.1 The material displayed on the Site, including without limitation, all information, text, materials, graphics, software, tools, results of the use of software and tools, advertisements, names, logos and trade marks (“Content”) are protected by intellectual property laws unless expressly indicated otherwise. All rights, title and interest in and to the Content are owned, licensed or controlled by Mighway or the party credited. Caching, unauthorised hypertext links to the Site, and framing of any Content without Mighway’s prior written consent is prohibited. All Content herein and thereto are and shall remain the exclusive property of Mighway. All rights in and to the Site (and any software, hardware or other technology used to provide the Site), Content and Mighway Services are reserved by Mighway.
12.2 You warrant and represent that you own, or that you are authorized to use and upload, all relevant intellectual property rights in any content that you upload to the Site (“User Content”) and you grant us a perpetual, irrevocable, transferrable, royalty free license to view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, use, and otherwise exploit the User Content to operate the Site and the Mighway Services, including in relation to promotion of the Site and the Mighway Service and making the User Content available for access, viewing and use by other users and Guests of the Site.
12.3 You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site and Mighway Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site and Mighway Services or you have all rights, licenses, consents and releases that are necessary to grant to Mighway the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Mighway’s use of the User Content (or any portion thereof) on, through or by means of the Site, the Mighway Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
12.4 Mighway provides a feedback function on the Site, to allow Owners and Guests to evaluate the conduct of each other and any Vehicle. Any feedback you provide must be accurate and must not contain any offensive or defamatory language or otherwise be inappropriate. We may remove or redact any feedback provided on the Site at our absolute discretion.
13. Site Availability and Disclaimers
13.1 Subject to the below, we will use reasonable efforts to ensure that the Site is continuously available without significant disruption or faults (other than during periods of maintenance), and that the information on the Site is accurate.
13.2 The information on this Site is provided on an “as is” basis. To the fullest extent permitted by law, Mighway:
(a) excludes all representations and warranties relating to the Site and its contents, or which is or may be provided by any third parties (including any Owners or Guests), including in relation to any inaccuracies or omissions in this Site, in the descriptions of Vehicles or any information regarding Guests or Owners; and
(b) excludes all liability for damages arising out of or in connection with your use of the Site. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Mighway of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
13.3 Mighway gives no undertakings, representations, or warranties in relation to any Vehicles listed on or rented through the Site, including the suitability, safety, description, quality, features or specifications of a Vehicle.
13.4 The Site may contain links to third party websites (“Linked Sites”). Mighway does not control Linked Sites and is not responsible for their content or hyperlinks. Hyperlinks are provided for convenience only, and their inclusion does not imply that Mighway endorses the Linked Site. Mighway provides no guarantees, representations or warranties as to the nature, content and reliability of any Linked Site, and is not liable for any electronic content of a third party. You link to any Linked Site entirely at your own risk.
13.5 You acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you send to or through the Site (including credit card information) may be read or intercepted by others, even where a website is stated as being secure. Mighway shall have no liability for the interception or ‘hacking’ of data through the Site by unauthorized third parties.
13.6 The exclusions and limits set out in these Terms will also operate for the benefit of our suppliers, licensors and agents.
14.3 In registering on the Site, you accept that we may use third party sources to run identity verification checks on you.
15. LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND MIGHWAY HAVE AGAINST EACH OTHER ARE RESOLVED.
15.1 Disputes. Subject to applicable law, you and Mighway agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms, your use of or access to the Services or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
15.2 Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern the Terms and any claim or dispute that has arisen or may arise between you and Mighway, except as otherwise stated in the Terms. These Terms and your use of the Services will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. In the event that a dispute is permitted to be brought in a court of law under this Legal Disputes Section, you and we agree to submit to the personal jurisdiction of a state or federal court located in San Francisco, California.
15.3 Agreement to Arbitrate. You and Mighway each agree that any and all disputes or claims that have arisen or may arise between you and Mighway (including its respective parent company, subsidiaries, employees, officers, directors, and agents) relating in any way to or arising out of this or previous versions of the Terms, your use of, or access to the Services, or any services sold, offered, or purchased through the Services (such as listing or renting a Vehicle) or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Alternatively, you may assert your claims in small claims court in San Francisco, California, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
15.4 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND MIGHWAY 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. UNLESS BOTH YOU AND MIGHWAY AGREE OTHERWISE, THE 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 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.
15.5 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, subject to and in accordance with these Terms and as limited in the section below entitled Limitation of Liability and Indemnification. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of heading “Prohibition of Class and Representative Actions and Non-Individualized Relief,” shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send to the other, by email, a completed form Notice of Dispute (“Notice”). The Notice to Mighway should be sent via email to email@example.com. Please provide your name, telephone number, email, mailing address, and briefly describe the nature of your dispute and briefly describe the relief you would like from Mighway.
If you and Mighway are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Mighway may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org (The AAA provides a Demand for Arbitration form and a separate form for California residents.) In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. Any settlement offer made by you or Mighway shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $35,000 or less, you or Mighway may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Mighway subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Mighway may attend by telephone.
For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. 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’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. 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 Mighway 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.
15.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $5,000 or less, at your request, Mighway will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Mighway is relieved of its obligation to reimburse you for any fees associated with the arbitration.
15.7 Severability. With the exception of any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief,” if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in 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, the Terms of Service, and its Legal Disputes Section will continue to apply.
15.8 Opt-Out Procedure. YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO SUPPORT@MIGHWAY.COM ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU FIRST REGISTER AS A USER OF THE SITE.
In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Mighway Account(s) to which the opt-out applies and to firstname.lastname@example.org. 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 parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
15.9 Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding 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 you and Mighway. If you do not agree to these amended terms, you may close your account within 30 days of posting or notification of the amendments and you will not be bound by the amended terms, but will arbitrate any dispute in accordance with the provisions of the “Agreement to Arbitrate” section 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 Mighway, you do NOT need to submit another one when the Terms of Service are subsequently updated. Your first Opt-Out Notice will serve as a valid Opt-Out Notice as to future versions of the Terms.
15.10 Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between you and Mighway must be resolved exclusively by a state, federal, or small claims court located in San Francisco, California. You and Mighway agree to submit to the personal jurisdiction of the courts located within San Francisco, California, for the purpose of litigating all such claims or disputes.
16. Limitation, exclusion of liability and Indemnity
16.1 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE MIGHWAY SERVICES, CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY RVS VIA THE MIGHWAY SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE MIGHWAY SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MIGHWAY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MIGHWAY SERVICES, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE MIGHWAY SERVICES, OR CONTENT FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE MIGHWAY SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MIGHWAY SERVICES, CONTENT OR FROM YOUR LISTING, BOOKING, OR USE OF ANY RV VIA THE MIGHWAY SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT MIGHWAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
16.2 EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL MIGHWAY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE MIGHWAY SERVICES AND CONTENT INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY RV VIA THE MIGHWAY SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE MIGHWAY SERVICES, AND IN CONNECTION WITH ANY RV OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS PAID BY MIGHWAY TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MIGHWAY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16.3 You agree to release, defend, indemnify, and hold Mighway and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any allegations, claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or Content or your violation of these Terms; (b) your (i) interaction with any Owner or other Guest, (ii) booking or use of a Vehicle, or (iii) the use, condition or rental of a Vehicle by you, 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 rental, booking or use of a Vehicle; (c) breach of any obligation, duty, responsibility under this Agreement; (d) the breach of any applicable law; or (e) the Owner Content infringes or misappropriates any patent, trade secret, copyright, trademark or any other intellectual property right of any third party.
16.4 In the event of any claim under section 15.3, the indemnified party shall promptly notify the indemnifying party in writing thereof; provided, however, that the failure to give such prompt notification to the indemnifying party shall not relieve it of its indemnification obligations hereunder unless the indemnifying party can establish such delay materially prejudiced indemnifying party. The indemnifying party shall control and conduct the defense of such claim, including the settlement of the same provided that it may not settle any such claim without the indemnified party’s prior written consent unless such settlement includes a full release of all claims against the indemnified party.
17.1 IRS regulation, regarding federal tax reporting requirements, stipulates that Mighway may be required to collect IRS Form W-9 from all Owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors and attorneys. Mighway cannot and does not offer Tax-related advice to any Owners, Guests or users of the Site or Mighway Services.
18.1 These Terms are governed by the laws of the State of California, without regard to choice of law principles.
18.2 You may not assign, transfer, or purport to assign or transfer any of your rights and obligations in connection with these Terms. You must not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.
18.3 If any of these terms is unenforceable the remaining provisions will remain in effect, except as otherwise provided.
18.4 No waiver by any party of any of the provisions of these Terms shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms, no failure to exercise or delay in exercising any right shall operate or be construed as a waiver thereof.
18.5 These Terms shall be interpreted neutrally between the parties without regard to which party drafted or caused to be drafted these Terms.
18.6 Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms.
SCHEDULE 1: FEES
The Additional Fees are as set out in the below table
|Additional Fee name||Additional Fee amount|
|Late Return Fee||$30 per hour late charges. If late return impacts next rental: $250+ full daily rate.|
|Cleaning Fee||As per Owner or Managed Partner|
|Fuel Fee||$50 fee plus cost of fuel to fill tank|
|Propane Fee||$50 fee plus cost to fill tank|
|Dumping Fee||$50 fee|
|Lost Item Fee||Owner’s listed item value or Amazon’s Internet retail pricing of comparable item|
|Additional Miles||$0.40 per mile driven in excess of the daily included miles|
|Additional Generator Hours||$3 per hour in excess of the daily included generator hours.|