Welcome to OXO, a peer-to-peer vehicle rental marketplace web site and online service provided by Oscar Technologies, Inc. (referred to hereafter as “OXO”, “we,” or “us”). This Terms of Service Agreement (“Agreement”) describes the terms and conditions that govern your use of and participation in OXO services. OXO services include our web site, web widgets, feeds, mobile device software applications (the “OXO Software”), applications for third-party web sites and services, and any other mobile or online services and/or applications owned, controlled, or offered by OXO (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to comply with and be legally bound by this Agreement and to the collection and use of your information as set forth in the Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU UNDERSTAND AND AGREE THAT OXO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN RENTERS AND OWNERS, NOR IS OXO A TRANSPORTATION SERVICE, AGENT, OR INSURER. OXO HAS NO CONTROL OVER THE CONDUCT OF RENTERS OR OWNERS AND OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

We may, in our sole discretion, modify or update this Agreement from time to time, so you should review this page periodically. When we change the Agreement, we will update the last modified date at the top of this document. If there are material changes to this Agreement, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, your sole recourse is to stop using and accessing the Service and close your account.

Use of Our Service

Eligibility

This Service is intended solely for licensed drivers twenty-one (21) years of age or older, and any registration, use, or access to the Service by anyone under 21 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by OXO, unless OXO has given you written notice of reinstatement. All Users must pass our Vehicle and Renter Eligibility Requirements and must provide all necessary and complete documentation for determining eligibility throughout your use of the Service, as may be determined and requested by OXO in its sole discretion. You acknowledge and agree that OXO may change its Vehicle and Renter Eligibility Requirements at any time and for any reason.

OXO Accounts

Parts of our Service requires that you open a user account (“Account”). In order to rent a vehicle from another User on OXO, you will need to apply for a “Renter” Account. In order to rent your vehicle to another User on OXO, you will need to apply for an “Owner” Account.

As used in this Agreement, “Owner” shall mean any User that establishes an “Owner” Account and submits a vehicle that meets all of the eligibility requirements set forth in this Agreement and the Vehicle and Renter Eligibility Requirements, incorporated herein by reference, to be rented through or via the Service.

As used in this Agreement, “Renter” shall mean any User that establishes a “Renter” Account, which would allow such User to rent a vehicle through or via the Service.

By applying for a Renter or Owner Account, you give us permission to disclose the information you provide on your application to third parties for verification purposes and to obtain additional information about you. OXO may accept or reject Renter or Owner Account applications, in our sole discretion, for any reason. If you are accepted for a Renter and/or Owner Account, you acknowledge and agree to abide by this Agreement and the Vehicle and Renter Eligibility Requirements which are applicable to your particular type of Account.

Users with a Renter or Owner Account are collectively referred to in this Agreement as “Members.” Your Member Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. Each transaction in which a Renter rents a vehicle from an Owner via the Service is referred to in this Agreement as a “Rental.”

In creating a Member Account, you acknowledge and agree as follows:

  • Your Member Account is for your personal use only.
  • You may not use another Member’s Account, permit anyone else to use your Member Account, or assign or otherwise transfer your Member Account to any other person or entity.

When applying for and creating your Account, you must provide accurate and complete information and keep such information updated and accurate throughout the term of this Agreement. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify OXO immediately of any breach of security or unauthorized use of your Account. OXO will not be liable for any losses caused by any unauthorized use of your Account.

You may control your Member profile and how you interact with the Service by changing the options in your Settings page. By providing OXO your email address, you consent to our using of the email address to send you Service-related email, including any notices required by law, in lieu of communication by postal mail. By providing OXO your cell phone number, you consent to our using of the phone number to send you Service-related SMS messages. You may not opt out of Service-related emails or SMS messages. BY SIGNING UP FOR AN ACCOUNT ON OXO AND PROVIDING YOUR PHONE NUMBER, YOU AGREE TO RECEIVE TEXT MESSAGES FROM US. We may also use your email address and/or cell phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences on your Settings page. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.