***THIS CONTRACT CONTAINS A BINDING MUTUAL ARBITRATION PROVISION (INCLUDING A CLASS ACTION WAIVER). BY ACCEPTING THIS AGREEMENT SUBSCRIBER WAIVES SUBSCRIBER’S RIGHT TO A JURY TRIAL AND AGREE TO BINDING ARBITRATION***
IMPORTANT DISCLOSURE RELATED TO RECURRING PAYMENT CHARGES TO SUBSCRIBER’S BANK ACCOUNT, CREDIT OR DEBIT CARD
SUBSCRIBER AGREES THAT FINN CAN CHARGE SUBSCRIBER’S BANK ACCOUNT, CREDIT CARD OR DEBIT CARD, AS APPLICABLE, THE FIRST DAY SUBSCRIBER TAKES POSSESSION OF A PROGRAM VEHICLE IN CONNECTION WITH THE SUBSCRIPTION PLAN AND EVERY MONTH THEREAFTER FOR THE TERM OF THIS AGREEMENT. IF SUBSCRIBER WANTS TO CANCEL THIS AGREEMENT AND PREVENT FUTURE CHARGES, SUBSCRIBER MUST (1) CONTACT FINN WITHIN 48 HOURS OF EXECUTING THIS AGREEMENT BY CALLING FINN AT +1 (619) 439-0735, BY EMAILING FINN AT HELP@FINN.AUTO, OR BY SENDING FINN A MESSAGE THROUGH FINN’S WEBSITE OR MOBILE APP AND (2) RETURN THE PROGRAM VEHICLE TO THE DESTINATION DESIGNATED BY FINN (OR COOPERATE WITH FINN OR ITS AGENT IN THE RETURN OF THE PROGRAM VEHICLE).
This Agreement (as defined in Section 1.3 below) is by and between Finn of America, Inc. (as defined in Section 1.2 below) and Subscriber (as defined in Section 1.25 below). By accepting this Agreement, as it may be amended from time to time as provided below, Subscriber accepts and agrees to comply with the terms and conditions of this Agreement. In this Agreement Subscriber and FINN may be referred to together as the “Parties” and each individually as a “Party.”
I. “AAA” will have the meaning provided in Section 7.1.
II. “Agent” means any third party contractor hired by FINN to provide services including but not limited to retrieving and returning the Program Vehicles.
III. “Agreement” means this Subscription Agreement.
IV. “Applicant” means the individual who properly indicates their acceptance to this Agreement by checking the appropriate boxes and clicking the order confirmation buttons on the “Order Confirmation” page of FINN’s Website or Mobile App. An Applicant who takes the foregoing steps does not automatically become a Subscriber until he or she is approved by FINN.
V. “Application for Subscription” means the application generated when an Applicant clicks “Accept” on the “Accept terms and conditions” page of the Website or Mobile App, or via email to become (or reinstate oneself as) a Subscriber of the Program.
VI. “Authorized Driver” means a person who meets the Program Vehicle Operator Eligibility Criteria and who has been approved in writing by FINN to operate Program Vehicles in connection with Subscriber’s Program account.
VII. “Billing Period” means (a) the monthly period beginning with the date of delivery of the first Program Vehicle to Subscriber, and (b) each monthly period thereafter.
VIII. “Diminution in Value” means the difference between the fair market value of a Program Vehicle immediately before and immediately after damage to such Program Vehicle.
IX. “Dispute” will have the meaning provided in Section 7.1.
X. “Eligibility Criteria” will have the meaning provided in Section 2.2.
XI. “Cover Page” shall mean the FINN Subscription Agreement Cover Page attached hereto.
XII. “FAQ’s” has the meaning set forth in Section 10.1.
XIII. “FINN” means Finn of America Inc. a Delaware Corporation, with its principal place of business at 206 East Huron Street, Ann Arbor, Michigan, 48104.
XIV. “Law(s)” means, collectively, all federal, state, and local statutes, laws, regulations, ordinances, rules, requirements, or other governmental restrictions or any similar forms of decision or guidance of any governmental authority, whether now or hereafter in effect and in each case as amended.
XV. “Local Vehicle Storage Compound” means the facility that is specified by FINN or its Agent where a Program Vehicle is retrieved and returned by Subscriber (for the avoidance of doubt, such return or retrieval may be conducted by such Agent).
XVI. “Lost Revenue” means a reasonable estimate of all Program revenue FINN loses because of damage to or Loss of a Program Vehicle.
XVII. “Maintained Insurance” will have the meaning provided in Section 5.1.
XVIII. “Mobile App” means the Program’s mobile application available through the Apple App Store, or the Google Play Store.
XIX. “Payment Method” means Subscriber’s credit card, debit card, or Automated Clearing House (“ACH”) payment account information on file with the Program.
XX. “PIP” means Personal Injury Protection insurance as defined by the insurer(s) who issues the Maintained Insurance or by applicable Law, as applicable.
XXI. “Program” means the FINN vehicle subscription program (including, but not limited to, all services provided in connection with such program).
XXII. “Program Subscription Approval” means FINN’s written approval of an Applicant’s Application for Subscription and approval of Applicant to be a Subscriber in the Program.
XXIII. “Program Vehicle” means the particular vehicle made available to the Subscriber during the Term as part of the Program. The term “Program Vehicle” includes, but is not limited to, each respective Program Vehicle’s components, parts, software, and optional accessories including, but not limited to, any cables, chords, or other returnable accessories present in a Program Vehicle when Subscriber takes possession of such Program Vehicle.
XXIV. “Program Vehicle Operator Eligibility Criteria” will have the meaning provided in Section 2.2.
XXV. “Return” (or any derivation thereof) means the act of Subscriber returning to FINN or its agent the Program Vehicle currently in Subscriber’s possession or control.
XXVI. “Return Radius” means the area within an approximate 200 mile radius of a FINN Local Vehicle Storage Compound within which FINN or its Agent will retrieve a Program Vehicle that is being Returned or drop off a Program Vehicle that is being accessed through a Subscription.
XXVII. “Return Request” means any request made by FINN to Subscriber for the Return of, in the manner instructed by FINN, a Program Vehicle.
XXVIII. “Subscriber” means the individual Applicant who has received Program Subscription Approval by FINN and who has accepted this Agreement by clicking “Accept” on the “Accept terms and conditions” page of the Website or Mobile App, or email correspondence.
XXIX. “Subscription Fee” means the fee paid by Subscriber on a monthly basis during the Term. The exact amount of the Subscription Fee will be in the amount set forth on the Cover Page, applicable to the Subscription Plan Subscriber has selected.
XXX. “Subscription Plan” will have the meaning provided on the Cover Page and refers to the Program plan selected by Subscriber from the Program plan options offered by FINN.
XXXI. “Term” will have the meaning provided in Section 8.1.
XXXIII. “Violations” means, collectively, any fees, fines, tickets, citations, violations and tolls (including, but not limited to, parking, speeding or criminal offenses or violations) incurred in connection with a Program Vehicle while it is under Subscriber’s possession or control and any resulting or related fines, fees, expenses, penalties or other amounts due in connection with any such fees, fines, tickets, citations, violations and tolls.
XXXIII. “Website” means the Program’s website available at: www.FINN.auto.
I. Application Process. In order to become a Subscriber of the Program and to have access to a Program Vehicle, Subscriber must, as determined in FINN’s sole discretion:
a. apply to become a Subscriber of the Program by accurately, truthfully, and fully completing the Application for Subscription through the Website or Mobile App, or email invitation.
b. deliver all information and documents that FINN requests in the Application for Subscription process or otherwise;
c. meet the Eligibility Criteria; and
d. have Subscriber’s Application for Subscription accepted by FINN.
II. Subscription Eligibility Criteria. To be eligible as a Subscriber of the Program, Applicant must meet, as determined in FINN’s sole discretion, the Program’s eligibility criteria as listed below (the “Eligibility Criteria”) at the time Applicant submits the Application for Subscription and at all times thereafter during the Term:
a. Unless Section 2.2(b) below applies to Subscriber, Subscriber must meet the “Program Vehicle Operator Eligibility Criteria” which are, collectively, as follows:
(i) have a residential address within the Return Radius of the Local Vehicle Compound specified by FINN.
(ii) be at least twenty-five (25) years of age;
(iii) have the capability to pick up, Return, and have Program Vehicles serviced at the location specified by FINN;
(iv) have a valid U.S. driver’s license and satisfies FINN’s processes and procedures for identification and verification;
(v) have a valid credit card or debit card and an active bank account with a bank in the United States;
(vi) have continuous access to a mobile phone or computer that allows access to email and to the Mobile App and/or the Website;
(vii) have a LexisNexis RiskView score or TransUnion credit score acceptable to FINN as determined by FINN in its sole discretion;
(viii) have a satisfactory driving record (as determined by FINN in their sole discretion) and does not have any one (1) of the following major violations: driving while intoxicated or under the influence of alcohol or drugs; failure to stop or report an accident or a hit and run; homicide, manslaughter, or assault arising out of the operation of a motor vehicle; driving while license is suspended or revoked; reckless driving; driving in possession of an open container of an alcoholic beverage; speed contest or racing; or attempting to elude an officer of the law;
(ix) have no outstanding liens on driver’s license and have not been convicted of a driving under the influence (DUI) or driving while impaired (DWI) or similar offense, refusing a breathalyzer, driving with a suspended license, leaving the scene of an accident, or causing a fatality in an accident; and
(x) have been approved in writing by FINN to operate Program Vehicles, which approval can be accepted or rejected by FINN based on any reasonable and lawful purpose.
b. If Subscriber is unable to drive due to a disability, Subscriber must:
(i) be at least twenty-five (25) years of age;
(ii) have the capability to pick up, Return, and have Program Vehicles serviced at the location specified by FINN;
(iii) have a LexisNexis RiskView score or TransUnion credit score acceptable to FINN as determined by FINN in its sole discretion;
(iv) have a valid credit card or debit card;
(v) have continuous access to a mobile phone that allows access to email and to the Mobile App and/or the Website; and
(vi) have an Authorized Driver listed on Subscriber’s Program Account at all times.
III. Eligibility for Program Vehicle Operation. For the avoidance of doubt: (a) only Subscriber and the Authorized Driver currently listed on Subscriber’s Account, if he or she currently meets the Program Vehicle Operator Eligibility Criteria, are allowed to operate Program Vehicles during the Term, and (b) if Subscriber applied to the Program pursuant to Section 2.2(b), Subscriber is not permitted to operate Program Vehicles.
IV. Continuing Obligation to Meet Eligibility Criteria and Update Contact and Application Information. Subscriber represents and warrants that Subscriber meets and will continue to meet the Eligibility Criteria during the Term (as defined in Section 8.1) of this Agreement and that Subscriber will report, as soon as practicable, but no more than twenty-four (24) hours after such change, any change in Subscriber’s satisfaction of the Eligibility Criteria and any change in information Subscriber provided during the application process to FINN. Subscriber will, as soon as safely practicable, cease operating Program Vehicles in the event any Program Vehicle Operator Criteria are no longer met.
V. Authorized Driver.
a. Generally. Subscriber may have one (1) Authorized Driver listed on Subscriber’s Program account at a time. Subscriber can request that an Authorized Driver be de-listed from Subscriber’s Account and invite a different person to apply to be listed as an Authorized Driver on Subscriber’s Account at any time. In order to operate a Program Vehicle, an Authorized Driver must: (1) currently meet the Program Vehicle Operator Eligibility Criteria, with the exception of the requirement to have a valid credit card, debit card or US bank account, (2) have acknowledged this Agreement in writing (including via email or through the Mobile App or the Website), and (3) be currently listed by FINN on Subscriber’s Account as an Authorized Driver.
b. Authorized Driver Application Process. Unless otherwise contrary to applicable state law, a person will apply to be an Authorized Driver only upon an invitation extended via email, Mobile App, or the Website. Each such prospective Authorized Driver will apply to become an Authorized Driver by accurately, truthfully, and fully completing the application process for Authorized Drivers available via the Mobile App, the Website or email and delivering all information and documents that FINN requests in the application process or otherwise. By applying to be an Authorized Driver, such applicant agrees to be bound by and comply with the terms of this Agreement applicable to Authorized Drivers. After submitting such application, Authorized Driver will only become an Authorized Driver upon FINN’s approval, which approval may be given in FINN’s sole discretion. Under no circumstances will an Authorized Driver be considered a subscriber solely by virtue of being approved as an Authorized Driver. An Authorized Driver is only permitted to operate Program Vehicles provided to Subscriber in connection with, and pursuant to the terms and conditions of, this Agreement.
c. Continuing Obligation to Meet the Authorized Driver Eligibility Criteria. Authorized Driver will report promptly to Subscriber (but no later than twenty-four (24) hours after such change) any change to his or her Program Vehicle Operator Eligibility Criteria so that Subscriber can notify FINN within twenty-four (24) hours of Subscriber receiving such notification. Authorized Driver will, as soon as safely practicable, cease operating Program Vehicles upon any change to his or her Program Vehicle Operator Eligibility Criteria.
d. Authorized Driver Can be Removed At Any Time. An Authorized Driver’s status as an Authorized Driver (including any right to operate the Program Vehicles) will immediately terminate upon the following:
(i) at Subscriber’s request;
(ii) if, as determined in FINN’s sole discretion, Authorized Driver fails to abide by the terms of this Agreement applicable to Authorized Driver; or
(iii) if this Agreement is terminated pursuant to Section 8.2.
VI. No Rights to Become a Subscriber in the Program or Use Program Vehicles Without Approval. Applicant is not eligible and will have no right to become a Subscriber of the Program unless and until Applicant receives notice that Applicant’s application for a Subscription Plan has been approved. Program Subscription Approval is not guaranteed. If Applicant receives Program Subscription Approval, the Applicant will become a Subscriber, and FINN will provide Subscriber with a code that Subscriber can enter into the Mobile App, the Website or via email in order to select and schedule delivery of Subscriber’s Program Vehicle.
I. No Right to Program Vehicles Other Than as Part of a Subscription. Upon becoming a Subscriber, Subscriber will be allowed to access and use only the specific Program Vehicle which has been designated for Subscriber’s use during the Term of this Agreement and pursuant to the terms and conditions of this Agreement. Subscriber and Authorized Drivers will have access to and will operate the Program Vehicle only pursuant to the terms of this Agreement, and except as otherwise expressly permitted by FINN in writing, neither Subscriber nor any Authorized Driver will have or acquire any other right, title, or interest in or to the Program Vehicle, including, but not limited to, any option to purchase the Program Vehicle. After the expiration or termination of the Term for any reason and after Subscriber has Returned the Program Vehicle per FINN’s instructions, FINN does not guarantee the future availability of the Program Vehicle, or any other vehicle, should Subscriber choose to reinstate his or her expired or terminated Subscription in the Program by re-submitting an Application for Subscription.
II. Choice of Vehicles. The particular vehicles from which Subscriber may select a Program Vehicle shall be set forth in email or on the Mobile App or the Website and determined in the sole discretion of FINN and may be affected by Subscriber’s selected Subscription Plan. The vehicles available for use under the Program as a Program Vehicle pursuant to each Subscription Plan may be changed by FINN in its sole discretion and without notice to Subscriber at any time. FINN will use its best efforts to obtain the Program Vehicle model requested by Subscriber as promptly as possible in relation to Subscriber’s request, but does not guarantee that a particular (or any) Program Vehicle will be available at a or any particular time.
III. Delivery and Return of Program Vehicle. Unless otherwise specified by FINN, all Program Vehicle deliveries and Returns must either occur at the location designated by FINN or be facilitated by FINN at a location designated by FINN within the Return Radius. It is Subscriber’s responsibility to ensure that Subscriber delivers the Program Vehicle to the proper location within the Return Radius or such other destination as instructed by FINN at the proper or scheduled time in order to facilitate the delivery or Return of the Program Vehicle (as applicable). FINN may require Subscriber to Return a Program Vehicle for any reason or no reason at any time. Subscriber will comply with any Return Request and will make arrangements to have each such Program Vehicle Returned to FINN or to a location designated by FINN or its Agent pursuant to the instructions provided by FINN in connection with such Return Request, as soon as safely practicable, but in no event more than twelve (12) hours after a Return Request has been made, unless otherwise provided in this Agreement or in another writing by FINN.
IV. Visual Inspection. Subscriber will perform a “walk around” visual inspection of the exterior of the Program Vehicle with a FINN representative at FINN or at an applicable Local Vehicle Storage Compound prior to taking possession of such Program Vehicle in order to confirm that there is no visible damage to the Program Vehicle at the time Subscriber takes possession of such Program Vehicle. Any such damage must be reported by the Subscriber via email or through the Mobile App or the Website.
V. Returning the Program Vehicle. Upon expiration of the Term, Subscriber will Return the Program Vehicle by Returning the Program Vehicle to the destination designated by FINN. After the expiration of the Term, Subscriber may only select a different Program Vehicle by re-applying again via email or through the Mobile App or the Website. In any event, Subscriber must Return the Program Vehicle on or before the last day of the Term. Subscriber is responsible for ensuring that each Program Vehicle is Returned in a clean condition and in the same condition (ordinary wear and tear excepted) as when Subscriber originally took possession of such Program Vehicle.
VI. Fuel or Electric Charge. Each Program Vehicle will be delivered or made available to Subscriber with a full or nearly full tank of fuel or electric charge, when (and to the extent) possible. Subscriber is responsible for Returning the Program Vehicle with a full tank of fuel (except for fully-electric Program Vehicles). If Subscriber Returns the Program Vehicle without a full tank of fuel (except for fully-electric Program Vehicles), Subscriber will pay the cost of replacing such fuel as described on the Cover Page.
VII. Vehicle Maintenance. FINN will maintain the Program Vehicles pursuant to the applicable manufacturer recommendations and maintenance schedules to the best of its abilities. FINN has the right to issue a Return Request to Subscriber and remove the Program Vehicle from service and availability at any time and for any or no reason, including, but not limited to, for maintenance or recall reasons. If FINN issues a Return Request with respect to the Program Vehicle for maintenance or recall issues, FINN shall make available to Subscriber a similar vehicle of like kind and quality, which similar vehicle shall constitute a replacement Program Vehicle during the period in which maintenance and repairs on the Program Vehicle are being made, but no longer than the Term. Only FINN or its designee is permitted to modify or repair the Program Vehicle. Subscriber and Authorized Driver will not operate the Program Vehicle if he or she believes it may be unsafe to operate. As soon as safely practicable, Subscriber and Authorized Driver will report to FINN any Program Vehicle condition he or she believes to be unsafe or that may require maintenance or repair (including, but not limited to, warning lights that stay on after ignition or that indicate that service or maintenance is required; any chimes, indicators or alerts; any mechanical sounds, performance sounds or performance changes; any evidence of leaking fluids from the Program Vehicle; any tire damage or excess wear on the tire; any cracked, broken or missing mirrors; any cracks or chips in the windshield; any other damage to the exterior of the Program Vehicle; any inoperable signals; any unusual noises when the Program Vehicle is operated; and any other condition that may render the Program Vehicle unsafe or illegal to operate). Subscriber is responsible for delivering the Program Vehicle to FINN, when or if the Program Vehicle requires maintenance or repair. Failure to report such problems or deliver the Program Vehicle may result in the immediate termination of this Agreement by FINN.
VIII. Roadside Assistance. If Subscriber or Authorized Driver is in need of roadside assistance, including, but not limited to, in connection with a Program Vehicle breakdown, Subscriber or Authorized Driver will first take any reasonable action to ensure safety at the scene and, then, will contact FINN by calling +1 (619) 439-0735. In the event roadside assistance is needed outside of the Return Radius, Subscriber may be charged costs in connection with transporting the Program Vehicle involved back to the Return Radius as described in the FAQs.
X. Use of Program Vehicles. Subscriber and Authorized Driver shall always use and operate Program Vehicles in accordance with all applicable Laws.
XI. Prohibited Uses. Subscriber and Authorized Driver shall not leave the Program Vehicle parked while unlocked or with the keys inside. The operation or use of the Program Vehicle under the following conditions is prohibited:
a. By anyone who has provided false information or who has made or makes false or misleading representations in connection with the use of the Program Vehicle or Program services (including, but not limited to, regarding his or her name, age, address, driving record or other eligibility matters);
b. By anyone who is not both: (i) Subscriber or the current Authorized Driver listed on Subscriber’s Account, and (ii) a person who meets the Program Vehicle Operator Eligibility Criteria;
c. In violation of applicable Law including, but not limited to:
(i) by any person who is under the influence of (A) alcohol or (B) any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended;
(ii) in any drag race, speed race, rally or other competition;
(iii) for any driver’s training activity;
(iv) in the commission of any crime or for any other illegal or improper activity or purpose;
(v) for transporting any number of passengers in excess of the number of functioning seatbelts in the Program Vehicle;
(vi) for transporting baggage or other items that would cause the Program Vehicle to exceed its manufacturer-recommended or legal weight limits;
(vii) by any person who does not have a valid driver’s license (or who’s driver’s license has restrictions that are not complied with by such person when driving any Program Vehicle);
(viii) by any person who is driving while distracted, including, but not limited to, driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities, whether or not prohibited by applicable Law;
(ix) for transporting any hazardous, toxic, flammable, dangerous or illegal materials;
d. for towing or pushing anything beyond the manufacturer-recommend towing or pushing capacity for such Program Vehicle or without complying with the manufacturer recommendations for towing and pushing by such Program Vehicle;
e. for transporting passengers or property for hire or for any other commercial purpose or used for the purpose of transporting or hauling of goods other than what might be reasonably expected of a leisure rental;
f. for any business or commercial purpose (other than driving to and from the Subscriber’s place of employment or other employment-related locations), including, but not limited to, transporting people or goods in commerce and/or for consideration or for operating a taxi or transportation network company (such as Uber or Lyft) service;
g. for transporting the Program Vehicle to or for operating the Program Vehicle outside of the continental U.S.;
h. on unpaved, unimproved or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality;
i. to smoke or vape any substance in or around the Program Vehicle;
j. to transport animals or other pets without such animals or pets being contained in carriers (other than service animals (but not “emotional support animals”), which are permitted to be transported in the Program Vehicles outside of pet carriers); and
k. in connection with any imprudent, negligent, abusive, intentionally destructive, reckless, wanton or abnormal manner or behavior.
I. Activation Fee. Upon receiving Program Subscription Approval, Subscriber’s Payment Method will be automatically charged in the amount of the applicable Activation Fee described on the Cover Page at the time the Subscriber’s initial Subscription Fee is charged.
II. Subscription Fee. Subscriber will be responsible for paying the first applicable Subscription Fee at the time of the delivery of the first Program Vehicle to Subscriber. Thereafter, Subscriber will pay the applicable Subscription Fee every month until the Agreement is terminated or otherwise expires. Subscription Fees will be automatically charged to the Payment Method on the date due. Subscription Fees (regardless of the Subscription Plan) include the Maintained Insurance, Program Vehicle maintenance, and delivery of each Program Vehicle with a full detail wash and a full tank of fuel or a full electric charge, as applicable. The amount of a Subscription Fee due to FINN by Subscriber on certain due dates may differ from the amount described on the Cover Page. AT ANY TIME, SUBSCRIBER CAN CONTACT FINN THROUGH THE MOBILE APP, THE WEBSITE OR BY CALLING +1 (619) 439-0735 OR EMAILING HELP@FINN.AUTO. IN ORDER TO OBTAIN INFORMATION ABOUT SUBSCRIBER’S ACCOUNT, THE PROGRAM VEHICLE OR OTHER PROGRAM DETAILS.
III. Other Charges. FINN imposes a mileage limitation as outlined on the Cover Page on each Program Vehicle. If Subscriber drives a Program Vehicle in excess of the monthly allotted mileage, a fee will be imposed on Subscriber of $0.35 per excess mile.
a. Subscriber may be subject to an initial deposit to be paid upon execution of this Agreement.
b. Subscriber may be subject to a return fee, if the Program Vehicle is either retrieved or returned by an Agent.
c. Subscriber may be subject to late charges if the Program Vehicle is returned or retrieved after the specified return date.
d. Subscriber may be subject to repossession or recovery fees if the Program Vehicle is not returned to FINN.
e. Subscriber may be subject to fees for excessive wear and tear of the Program Vehicle, which determination of excessive wear and tear shall be in the sole discretion of FINN.
f. To the extent permitted by applicable Law, FINN reserves the right to hold Subscriber fully responsible for any and all damages, Losses, claims, liabilities, costs, fees, fines, expenses and penalties arising from Subscriber’s Subscription in the Program, or Subscriber’s or Authorized Driver’s possession, access or operation which may include, but may not be limited to: (a) physical or mechanical damage, (b) loss due to theft, (c) physical damage resulting from vandalism, (d) bodily injury or property damage of Subscriber, Authorized Driver, or any third party, (e) third party claims, (f) actual charges for towing, storage, impound or other Violations paid by FINN, (g) administrative charges including, but not limited to, the costs associated with facilitating any payments for Violations, collection of any fees dues hereunder, appraisal of any damage and other costs and expenses incident to any damage or Loss, (h) Lost Revenue, and (i) Diminution in Value. Subscriber also acknowledges and agrees that FINN is not responsible for any medical or other costs associated with any injury sustained by Subscriber or any other person as a result of any accident while the Program Vehicle is in Subscriber’s possession and Subscriber hereby waives any and all claims and agree to indemnify and hold FINN harmless against any costs or damages arising out of such claims.
IV. Taxes. The Subscription Fee and all other fees and rates listed on the Cover Page are inclusive of all applicable state and local taxes.
V. Tickets and Tolls. Subscriber is solely responsible for any Violations. Subscriber will report to FINN any Violation incurred in connection with the Program Vehicle within twenty-four (24) hours of Subscriber becoming aware of such Violation. In addition, Subscriber will make arrangements to pay any assessor of a Violation directly and timely. For example, in the case of a toll, Subscriber or Authorized Driver must pay the toll in cash at the applicable toll plaza (where permitted) or must make arrangements to pre-pay any applicable tolls, such as by contacting the applicable toll operator and pre-paying online, by phone, or by mail. To the extent permitted by applicable law, if FINN receives notice of a Violation that Subscriber has not paid directly, Subscriber specifically authorizes FINN or a third party appointed by FINN to automatically charge the Payment Method for any amounts due as a result of such Violation.
VI. Enforcing this Agreement. Subscriber is responsible for, and agrees to pay, any legal fees, court costs, or other costs and expenses associated with FINN enforcement of this Agreement against Subscriber and any (current or previous) Authorized Driver, whether upon termination or otherwise.
VII. Permission to Charge to the Payment Method. To the extent permissible by Law, Subscriber is responsible for paying all amounts incurred in connection with Subscriber’s use of the Program Vehicle and related services or this Agreement (including, but not limited to, any amounts incurred by or in connection with any (current or previous) Authorized Driver) when due, including, but not limited to, Activation Fees, Subscription Fees, refueling costs, Violations, and other costs and fees as provided in this Agreement. Subscriber specifically authorizes FINN or a third party appointed by FINN to automatically charge the Payment Method for any amounts due hereunder. If the Payment Method expires or is declined, Subscriber must provide to FINN a new and valid Payment Method within seven (7) days of such expiration or declination.
VIII. Payment Defaults. Subscriber expressly consents and agrees that FINN may charge the Payment Method (including, but not limited to, without advance notice to Subscriber) in order to collect on any amounts due under this Agreement. In addition, amounts due that are not paid within thirty (30) days after the date due for payment will be referred for collections and the Program Vehicle will be subject to repossession. Subscriber expressly authorizes, agrees, and specifically consents to allowing FINN, its Agent, and/or its outside collection agencies, outside counsel, or other agents to contact Subscriber in connection with any and all matters relating to unpaid past due charges billed by FINN to Subscriber pursuant to the terms of this Agreement.
IX. Methods of Contacting Subscriber. Subscriber agrees that contact by on behalf of FINN may be made to any mailing address, telephone number, cellular phone number, e-mail address, or any other electronic address that Subscriber has provided or may in the future provide to FINN for each of the Subscriber and for any Authorized Driver. Subscriber agrees and acknowledges that any e-mail address or any other electronic address that Subscriber provides to FINN is Subscriber’s private address and is not accessible to unauthorized third parties. Subscriber agrees that in addition to individual persons attempting to communicate directly with Subscriber, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system. Subscriber agrees that any telephone and cellular phone calls may be monitored and/or recorded by or on behalf of FINN in furtherance of the Program services. Subscriber agrees to update FINN with any changes to contact information of the kind set forth in this paragraph.
I. Maintained Insurance. FINN will procure and maintain insurance coverage through a third-party insurer in the amount of or exceeding the applicable state motor vehicle minimum financial responsibility requirements covering use of the Program Vehicle by Subscriber and the current Authorized Driver listed by FINN on Subscriber’s Program account, subject to certain exclusions and limitations as provided below and subject to the terms in the applicable insurance policies (the “Maintained Insurance”). The Maintained Insurance also includes comprehensive coverage. Where required by law, the Maintained Insurance includes PIP, or “no-fault” coverage, to the minimum level required by the jurisdiction in which the accident occurs or the claim is adjudicated. To the extent permitted by Law, any personal injury coverage that Subscriber or Authorized Driver has available will be primary over any PIP or no fault coverage that FINN may procure. To the extent permitted by Law, FINN has the sole discretion to accept or waive and reject the inclusion of uninsured motorist, underinsured motorist, supplementary no fault, or any other optional coverage, and FINN is hereby authorized to sign any forms or acknowledgments on behalf of Subscriber or any (current or previous) Authorized Driver accepting or rejecting (at FINN discretion) such coverage. The Maintained Insurance may not be adequate to fully cover Subscriber’s or any (current or previous) Authorized Driver’s liability. FINN recommends that Subscriber and Authorized Driver consult with their respective insurance agents before using Program services (including the Program Vehicle). Subscriber and Authorized Driver are encouraged to obtain additional personal insurance coverage that covers their liability. In addition, Subscriber understands that engaging in a Prohibited Use or other violation of this Agreement may void any Maintained Insurance coverage that Subscriber may be entitled to through Subscriber’s participation in the Program. Subscriber expressly agrees that the insurance coverage available to the Subscriber is dictated by the terms of the applicable policies and is not fully set forth herein.
II. FINN is not an Insurer. By entering into this agreement, Subscriber expressly agrees that FINN is neither an insurance company nor an insurance agent. Subscriber further agrees that FINN is not in the business of producing insurance. Subscriber also agrees that FINN is not in the business of adjusting claims, and any claims adjustment will be handled by the third-party insurer’s claims adjuster.
III. Applicable Deductible. You agree that in the event of damage, Subscriber agrees that Subscriber is responsible for the applicable deductible, and FINN or the third-party insurer may immediately charge you up to the amount of any applicable deductible set forth in the responding insurance policy, if the damage equals or exceeds the deductible and to the extent permitted by applicable law.
IV. Exclusions and Limitations. To the extent permitted by applicable Law, the exclusions from and limitations of the Maintained Insurance include, but are not limited to, losses arising from: (i) Subscriber’s or any (current or previous) Authorized Driver’s criminal, willful or grossly negligent actions or omissions in the operation of Program Vehicles or in connection with the Program, or (ii) Subscriber’s or any (current or previous) Authorized Driver’s violation of this Agreement, and (c) any person’s lost, stolen or damaged property in or from Program Vehicles. Subscriber’s personal property is not covered by the Maintained Insurance. In the unlikely event of a conflict or inconsistency between the explanation of insurance coverage in this Agreement and the terms of the applicable insurance policy, the insurance policy language controls.
V. Indemnity. To the extent permitted by applicable Law, Subscriber will defend, indemnify, hold harmless and reimburse FINN (including its affiliates), and all of such parties’ respective directors, officers, shareholders, employees and agents (collectively, “FINN Parties”) from and for all claims, actions, damages, losses, liabilities, fees, fines, penalties, costs or expenses, including, but not limited to, attorneys’ fees and court costs, incurred by any of such parties or paid by any of them to any person in respect of Subscriber’s or any (current or previous) Authorized Driver’s access, use or operation of the Program Vehicle or participation in the Program.
VI. Reporting of Accidents. Subscriber will report the occurrence of any accident, damage or Loss, including, but not limited to, theft, of Program Vehicles to FINN, the third-party insurer, and to the applicable law enforcement agencies as soon as safely practicable after Subscriber becomes aware of such incident; however, at minimum, Subscriber will report any such incident to FINN, the third-party insurer, and the police as soon as practicable after learning of such incident. As part of such report, Subscriber will provide a written description of the incident and the insurance information of the other parties involved, if applicable. Subscriber will promptly provide a copy of such report to FINN. Subscriber or Authorized Driver, as applicable, will make a reasonable effort to obtain evidence from any witnesses to the incident, if applicable. Subscriber understands that failure to provide prompt notification to the third-party insurer may exclude coverage for any loss.
VII. Cooperation with Loss Investigation. Subscriber and any (current or previous) Authorized Driver agree to fully cooperate in any investigation that FINN or any insurer may choose to conduct if Program Vehicles are damaged in any way. Subscriber and any (current or previous) Authorized Driver, as appropriate, will immediately send each request, demand, order, notice, summons or other pleading Subscriber or such Authorized Driver receives in connection with any incident involving Program Vehicles to FINN, and the third-party insurer. Neither Subscriber nor any (current or previous) Authorized Driver may assume any obligation, make or commit to make any payment or incur any expense on FINN behalf without FINN prior written consent. Subscriber understands that failure to cooperate with the third-party insurer’s investigation may exclude coverage for any loss.
VIII. Application of Graves Amendment. The provision of the Maintained Insurance does not change the application to FINN of vicarious liability protection pursuant to the Graves Amendment (49 U.S.C. § 30106), and neither FINN nor any of its affiliates has any vicarious or other liability for Subscriber or any (current or previous) Authorized Driver.
I. Disclaimer of Warranties. SUBSCRIBER AND AUTHORIZED DRIVER ACCESS, USE, OPERATE AND TAKE POSSESSION OF THE PROGRAM VEHICLE AND ANY OPTIONAL ACCESSORIES “AS IS”, AND FINN HEREBY EXCLUDES ANY AND ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE PROGRAM VEHICLE, THE PROGRAM (INCLUDING THE OPERATION, PERFORMANCE AND RESULTS THEREOF), THE MOBILE APP, THE WEBSITE, AND ANY OPTIONAL ACCESSORIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
II. Disclaimer of Liability. UNDER NO CIRCUMSTANCES SHALL THE FINN PARTIES BE LIABLE FOR ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, FEES, FINES, EXPENSES, COSTS AND PENALTIES (COLLECTIVELY, “LOSSES”) INCURRED OR SUSTAINED BY, OR IMPOSED UPON, ANY OF THE FINN PARTIES, SUBSCRIBER, OR ANY (CURRENT OR PREVIOUS) AUTHORIZED DRIVERS BASED UPON, ARISING OUT OF, WITH RESPECT TO, OR BY REASON OF SUBSCRIBER’S OR ANY (CURRENT OR PREVIOUS) AUTHORIZED DRIVER’S CRIMINAL, WILLFUL, OR NEGLIGENT ACTION OR OMISSION IN CONNECTION WITH THIS AGREEMENT, THE ACCESS, USE OR OPERATION OF THE PROGRAM VEHICLE, OR IN CONNECTION WITH PARTICIPATION IN THE PROGRAM.
III. Disclaimer of Responsibility for Personal Property. THE FINN PARTIES ARE NOT LIABLE FOR ANY PERSON’S LOST, STOLEN, OR DAMAGED PROPERTY IN AND FROM THE PROGRAM VEHICLE INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS IN CONNECTION WITH SECTION 3.4 OF THIS AGREEMENT.
IV. Disclaimer of Special, Consequential and Other Damages. THE FINN PARTIES ARE NOT LIABLE FOR ANY AND ALL INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, ECONOMIC, INCIDENTAL, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF USE, LOSS OF EARNINGS, INCONVENIENCE, CONSEQUENTIAL OR OTHER DAMAGES SUSTAINED IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM, OR THE PROGRAM VEHICLE. WITHOUT LIMITING THE FOREGOING, THE FINN PARTIES WILL HAVE NO LIABILITY FOR (A) ANY LOSS OF, OR DAMAGE TO, ANY GOODS OR OTHER PERSONAL PROPERTY IN OR ON PROGRAM VEHICLES OR IN OR ON ANY THIRD PARTY VEHICLE, (B) ANY LOSSES (INCLUDING WITH RESPECT TO PERSONAL INJURY, DEATH OR PROPERTY DAMAGE) IN RELATION TO SUBSCRIBER, ANY (CURRENT OR PREVIOUS) AUTHORIZED DRIVER, OR ANY THIRD PARTY, (C) ANY LOSSES INCURRED BY SUBSCRIBER OR ANY (CURRENT OR PREVIOUS) AUTHORIZED DRIVER AS A RESULT OF ANY CLAIMS MADE BY A THIRD PARTY, OR (D) ANY LOSSES INCURRED BY SUBSCRIBER OR ANY (CURRENT OR PREVIOUS) AUTHORIZED DRIVER IN CONNECTION TO EITHER (I) THE NON-AVAILABILITY, SUPPLY, OPERATION OR USE OF THE PROGRAM VEHICLE, OR (II) ANY ACCESSORIES IN OR TO THE PROGRAM VEHICLE, WHETHER SUPPLIED BY FINN OR BY SUBSCRIBER OR AUTHORIZED DRIVER (INCLUDING, BUT NOT LIMITED TO, LUGGAGE RACKS, BICYCLE RACKS, AND CHILD SAFETY SEATS). IN ALL CASES, SUBSCRIBER AND AUTHORIZED DRIVER ARE RESPONSIBLE FOR THE SAFE INSTALLATION OF SUCH ACCESSORIES AND MUST CHECK THE CONDITION OF ACCESSORIES IN OR TO PROGRAM VEHICLES BEFORE EACH USE; UNLESS, IN EACH CASE, SUCH LOSS OR DAMAGE IS INCURRED DUE TO FINN’S NEGLIGENCE OR FAILURE TO COMPLY WITH APPLICABLE LAW.
V. No Disclaimer or Limitation in Contravention with Law. Nothing in this Section 6 disclaims any warranty that cannot be disclaimed pursuant to applicable Law. Nothing in this Section 6 limits or disclaims any liability that cannot be limited or disclaimed pursuant to applicable Law.
I. Binding Mutual Arbitration. Any dispute, claim or controversy in connection with, arising out of or relating to a Subscription in the Program, this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate (a “Dispute”), will be determined by arbitration in the State in which this Agreement was executed, before a single arbitrator. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with AAA Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This provision will not preclude Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
II. Conduct of Arbitration. The arbitration will be commenced by the claimant Party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing Party. Within thirty (30) calendar days of the date the demand for arbitration is filed, the Parties will select an arbitrator by following the AAA Consumer Arbitration Rules’ appointment procedures. Except as may be required by Law, neither Party nor the arbitrator may disclose the existence, content or results of any arbitration under this Agreement without the prior written consent of both Parties. The arbitrator’s award will be in writing accompanied by a reasoned opinion and a written statement of the essential findings and conclusions on which the award is based.
III. Costs. The arbitrator will determine how the costs and expenses of the arbitration will be allocated between the Parties and may award attorneys’ fees (in any case, subject to the attorneys’ fees provisions hereunder, as applicable).
IV. Remedies. The arbitrator will have the power to award any party any remedies that would be available to that Party in his or her individual capacity under this Agreement or otherwise in a court of law for the Dispute presented to and decided by the arbitrator.
V. Arbitration is on an Individual Basis Only; Class Action Waiver. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE ARBITRATOR’S POWER TO RULE ON HIS OR HER OWN JURISDICTION AND THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE, THE ARBITRATOR HAS NO POWER TO RULE ON THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS SECTION 7.5 WILL REMAIN IN FORCE.
VI. Applicable Law. This Agreement and the rights of the Parties hereunder will be governed by and construed in accordance with the Laws of the State of Delaware, exclusive of conflict or choice of law rules. The Parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding sentence with respect to applicable substantive Law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
I. Term. This Agreement will commence at the time that Applicant has been accepted as a Subscriber and FINN has received Subscriber’s initial payment, and will continue in effect for a period of either six (6) or twelve (12) months, as indicated on the Cover Page (the “Term”), unless terminated by FINN in its sole discretion, or until otherwise terminated pursuant to this Agreement.
II. This Agreement will be terminated as follows:
a. Upon termination by FINN; and/or
b. Immediately, in FINN’s sole discretion, if:
(i) Subscriber fails to meet the Eligibility Criteria;
(ii) Subscriber fails to abide by the terms of this Agreement (including, but not limited to, a failure to pay any of the amounts due under this Agreement by the applicable due date);
(iii) Any (current or previous) Authorized Driver fails to abide by the terms of this Agreement applicable to Authorized Driver; and
(iv) If the Program Vehicle sustains any damage exceeding $5,000 while in use by Subscriber.
III. Effect of Termination. Upon termination of this Agreement, any rights Subscriber and Authorized Driver have to use the Program Vehicle and to participate in the Program will immediately terminate, and Subscriber or Authorized Driver, as applicable, will (as soon as safely practicable) cease operation of the Program Vehicle and make arrangements to have such Program Vehicle Returned to FINN pursuant to FINN’s instructions regarding such Return as soon as safely practicable (but in no event after 1 business day). Termination of this Agreement will not affect or diminish any obligations of Subscriber’s until the Program Vehicle is returned to FINN and is within FINN’s possession. Additionally, termination of this Agreement and return of the Program Vehicle will not affect any provisions of this Agreement which survive termination of this Agreement pursuant to Section 10(X) herein. No Subscription Fees or any other amounts previously paid by Subscriber will be returned or refunded to Subscriber in the event the Agreement is terminated prior to the end of the Term. Further, if Subscriber terminates this Agreement before the end of the Term, Subscriber shall still be responsible for the payment of any and all Subscription Fees, Activation Fees, and/or other charges for which they would have been responsible under this Agreement through the end of the Term. With respect to any termination of this Agreement, Subscriber will remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement (including, but not limited to, all applicable amounts due described in Section 4 (Fees and Payments)).
To the extent permitted by Law, FINN reserves the right to recover or repossess the Program Vehicle at any time, without notice, at Subscriber’s expense if Subscriber or any (current or previous) Authorized Driver violates this Agreement or upon termination or expiration of this Agreement and the Program Vehicle has still not been Returned. Subscriber agrees to pay all costs, including, but not limited to, third party repossession costs and fees and other reasonable court costs and attorneys’ fees, if any, associated with FINN repossession or recovery of any Program Vehicle pursuant to this Section 9. Subscriber and Authorized Driver hereby agree to waive all claims for damages or other Losses related to FINN’s repossession or recovery of the Program Vehicle.
I. Entire Agreement; Survival; Conflict with Law. The Schedules to this Agreement, the Cover Page, the Program FAQs accessible either by email, the Mobile App, or the Website (collectively, the “FAQs”) and the FINN Mobile App and Website Terms of Service (included as Schedule 1 to this Agreement), each as amended, modified or supplemented from time to time, are incorporated by reference into this Agreement. To the extent there is a direct conflict between a provision or term of this Agreement and a Law applicable to this Agreement or a rental of a Program Vehicle, the applicable Law will govern. This Agreement may be executed in two or more counterparts, and it is not necessary that the signatures of all the parties hereto appear on the same counterpart, but such counterparts together will constitute a single effective Agreement. Further, counterparts to this Agreement may be executed by hand or by any electronic signature or consent, and executed counterparts may be delivered via facsimile, electronic mail or other similar transmission method, and any executed counterpart so delivered shall be valid and effective for all purposes. Any edits made to this Agreement so as to include Vehicle identification information or specifics may be made by FINN in their sole discretion and will be incorporated herein, without further approval or execution.
II. Acknowledgment that Subscriber has Read this Agreement. By accepting this Agreement, Subscriber represents and warrants to FINN that Subscriber has received all explanations that Subscriber has reasonably requested concerning the content of this Agreement, including, but not limited to, all schedules, and that Subscriber has carefully reviewed and understands Subscriber’s commitments and obligations hereunder.
III. No Assignment by Subscriber or Authorized Driver. The rights and obligations of Subscriber and Authorized Driver under this Agreement are not assignable or transferable, in whole or in part by Subscriber or Authorized Driver. Any attempt by Subscriber or Authorized Driver to transfer this Agreement without FINN written consent will be void and of no force and effect.
IV. Assignment by FINN Permissible. FINN may assign this Agreement or its rights and responsibilities pursuant to this Agreement (including its right to recover any Fees, Charges or other payment streams) to one or more affiliates, agents, contractors, or third parties without notice to Subscriber. Further, FINN may allow affiliates, agents, contractors, or third parties to join in and be bound to this Agreement, in FINN’s sole discretion. For example, but without limiting the foregoing, FINN may appoint an affiliate or third party to repossess or recover Program Vehicles or to process tickets and tolls.
V. No Waiver. No delay or omission by FINN in FINN’s exercise of any right or power occurring upon any noncompliance or default by Subscriber or an Authorized Driver with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by FINN of any covenant, condition, or agreement to be performed by Subscribers or any (current or previous) Authorized Driver shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either Party at Law, in equity, or otherwise.
VI. Severability. If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The Parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
VII. Modification. FINN reserves the right to modify, change, or revise this Agreement (in whole or in part) (each a “Modification”), including, but not limited to, the schedules to this Agreement or the Vehicle identification information on the Cover Page, at any time and from time to time. In particular, if or when specific Vehicle identification information (including but not limited to a vehicle identification number or a license plate number) is obtained by FINN after the execution of this Agreement, such information will be incorporated into this Agreement and the Cover Page once obtained by FINN, which Modification does not require Subscriber’s consent, and a revised Agreement containing such Modification will be sent by FINN to Subscriber prior to the delivery of the Vehicle. For the avoidance of doubt, any Agreement revised so as to include Vehicle identification information shall not require re-execution by the Parties, and shall take immediate effect. Further, all terms of this Agreement, as originally presented to and executed by Subscriber, shall remain valid and binding upon Subscriber despite the Modifications made. Subscriber will inform the current Authorized Driver listed by FINN on Subscriber’s account of any Modification to the Agreement. Subscriber’s and such Authorized Driver’s continued use of Program services after any Modification to this Agreement will constitute their continued consent to the Agreement as modified.
VIII. Notices. Any notices or communications required or permitted to be given to Subscriber shall be in writing and shall be sufficiently given if emailed to Subscriber or if posted on the Mobile App or the Website. Any notices or communications required or permitted to be given to FINN shall be in the form required by this Agreement for such notice.
IX. Headings; Number and Gender. The headings in this Agreement are for reference only and will not affect the interpretation of this Agreement. Whenever the context requires, words in the singular or plural form include the plural and singular form, respectively, and words denoting gender include the masculine, feminine, and neuter.
X. Survival. The following provisions will survive termination of this Agreement: Sections 1, 2.1, 2.2, 2.3, 2.5, 2.6, 3.1, 3.3, 3.8, 3.10, and 4 through 10.